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HomeMy WebLinkAbout5026 ORDINANCE NO. 5o~ (0 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 15.01 of the Bremerton Municipal Code entitled "General Definitions and Chapter 15.06 entitled "Assessments, Rates, Fees and Charges" relating to municipal utilities and improper stormwater surcharges. WHEREAS, the City Council desires to amend certain provisions of Chapters 15.01 and 15.06 of the Bremerton Municipal Code entitled relating to improper stormwater surcharges in order to reduce the impact of the surcharge on Bremerton's utility customers, give credit for properties that have disconnected their downspouts, but can't separate their driveway drains because it is not equitable to do so, and clarify how the surcharge is applied to residential and commercial properties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection 15.01.020(i) of the Bremerton Municipal Code relating to definitions for municipal utilities is hereby amended to read as follows: (i) (1) "Impervious surface" means a surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads and other gravel surfaces, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. (2) "Impervious surface unit" shall mean a configuration or conglomeration of impervious surface estimated to contribute an amount ofrunoffto the City's stormwater drainage system which is approximately equal to that created by the average single-family residential parcel. One impervious surface unit (ISU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. For purposes of computation of rates and charges, only' whole impervious units are considered; fractions are truncated (not rounded up). (3) "Improper stormwater inflow" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. (i) "Roof drains" shall mean any roof drain, downspout, scupper or device that collects and conveys stormwater runoff from a roof surface. (ii) ,"Parking lot drain" shall mean any drain or catch basin that collects storm water runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc. 1 ImproperSwrmwarerSu~harg~ (iii) "Driveway drain" means a drain typically located below street grade at the bottom of a sloped driveway. (iv) "Sump pump" means a pump that conveys groundwater or slormwater runoff to a sewer system or to the ground surface. A sump pump that collects and conveys ground water or stormwater runoff from the area outside of the building's foundation footprint to the sanitary sewer system is an improper connection. A sump pump that collects and conveys ground water or stormwater runoff from the area within the building's foundation footprint to the sanitary sewer system is required to be connected to the sanitary sewer system. (Kitsap County Health Department code requires sump pump's located within the foundation footprint to be connected to the sanitary sewer system. This is due to the high potential for contamination of relatively clean groundwater by human waste, detergents or other household chemicals or oils which is not appropriate to discharge into a stormwater sewer system.) (4) "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development (5) "Industrial user" shall mean a business or other nonresidential property having a wastewater discharge in which the sum of BOD and TSS strength is between one thousand two hundred (1,200) and one thousand eight hundred (1,800) milligrams per liter. (6) "Infiltration" shall mean groundwater entering the sanitary sewer or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. (7) "Inflow" shall mean rainwater or other clean water that enters the sanitary sewer through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. SECTION 2. Retail Stormwater Rates as set forth in Appendix A of Section 15.06.015 of the Bremerton Municipal Code relating to assessments, rates, fees, and charges for municipal water, wastewater, and stormwater services are hereby amended as set forth in Exhibit A attached hereto and incorporated herein by reference. SECTION 3. Section 15.06.050 of the Bremerton Municipal Code relating to stormwater rates is hereby amended to read as follows: 15.06.050 RATES - STORMWATER. (a) Surface Drainage/Stormwater Rates. A general retail stormwater rate shall be assessed all property owners who contribute to or benefit from the utility stormwater system. Rates shall be determined by the approximate amount of impervious surface area of developed parcel, including publicly owned property and right-of-way. Impervious surface, measured in equivalent impervious surface units (lSD's) shall be determined for each developed property, except single family or duplex uses which shall be assigned the minimum rate. (b) Improper Stormwater Inflow to Wastewater System. A rate shall be assessed on all property owners who have an improper stormwater discharge to the wastewater system pursuant to the Utility Fee and Rate Schedule established for stormwater by City Council ordinance. Rates shall be based upon the approximate amount of impervious surface area of the property. The impervious surface area, measured in equivalent impervious surface units (lSD's), shall be that used for the stormwater rates elsewhere in this chapter. 2 Improper Storm water Surcharges Payment of the improper stormwater surcharge shall be terminated when the property has disconnected all sources of the improper stormwater inflow from the wastewater system. The service rate for maintaining an Improper Stormwater Inflow connection to the wastewater system will be identified on the Utility Billing Statement as "Stormwater Facilities Impact" fee. (c) Stormwater rate classes are as follows: (1) Residential. (i) Stormwater I: The basic stormwater service rate. (ii) Stormwater II: This rate consists of, the basic stormwater fee, plus 50% of the current stormwater fee as the "Stormwater Facilities Impact" fee. This Class may have a driveway drain of not more than 400 square feet of impervious surface draining into the sanitary sewer system and no other improper connection to the sanitary sewer system. (iii) Stormwater III: This rate consists of, the basic stormwater fee, plus 100% of the current stormwater fee as the "Stormwater Facilities Impact" fee. This Class has a driveway drain with more than 400 square feet of impervious surface draining into the sanitary sewer system and/or more than one improper connection to the sanitary sewer system. (2) Commercial. (i) Commercial I Stormwater: . The basic commercial stormwater fee. (ii) Commercial II Stormwater: The basic stormwater fee, plus 50% of the current stormwater fee as the surcharge. This Class may have no more than 400 square feet of impervious surface where stormwater runoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the sanitary sewer system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the sanitary sewer system. However, roof runoff from the canopy is not allowed to be connected to the sanitary sewer system. This Class may not have more than one improper connection to the sanitary sewer system. (iii) Commercial III Stormwater: The basic stormwater fee, plus 100% of the current stormwater fee as the "Stormwater Facilities Impact" fee. This Class has more than 400 square feet of impervious surface where stormwaterrunoff is collected by a roof drain, parking lot drain, driveway drain or any other device that conveys this runoff into the sanitary sewer system. This does not include stormwater runoff that is collected from under fueling station canopies since these areas are required to be connected to the sanitary sewer system. However, roof runoff from the canopy is not allowed to be connected to the sanitary sewer system. (d) Rate Adjustments. Rate adjustments for water quantity and water quality pursuant to the Utility Rate Schedule will be applied to all multi-family (three (3) or more units), , commercial, and industrial development which provide for the installation of on-site water quality and quantity improvements which meet all System Development and Construction Standards. Eligibility will require the treatment of stormwater discharges prior to entry in to the Utility stormwater system and the reduction of the amount of stormwater discharges into the Utility stolmwater system to an amount not to exceed two-tenths (0.2) cubic feet per second, CFS/acre based on a twenty-five (25) year storm. All new development will be required to install water quality and quantity improvements prior to connection to the stormwater system and will receive the rate adjustment upon successful completion ofthe installation. Application for building permits or fill/grade permits must include standard stormwater quality and quantity improvement plans. If topography, soils, location or lot 3 Improper Storm water Surcharges size make on-site detention impractical, new development may be permitted, but a penalty shall be assessed pursuant to the Utility Rate Schedule if stormwater runoff from the developed property exceeds three-tenths (0.3) CFS/acre based on a twenty-five (25) year storm. The facts set forth in this subsection shall apply only if the on-site or other facility that have received an adjustment in their rates are maintained and operated in accord with any City Standards applicable at the time of billing. In the event that the Director determines that the system is not properly operated and maintained, the rate reduction shall be discontinued until deficiencies are corrected in addition to other remedies provided in this chapter. (e) Exempt Properties. (1) All parcels of property that are undeveloped. (2) All public rights-of-way. (f) Public School District Properties. Parcels owned or leased by public school districts which provide activities which directly benefit the surface and stormwater management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater management and student activities in the. community to expose students to the efforts required to restore, monitor, or enhance the surface and stormwater management system. Pursuant to RCW 35.92.021, the amount of the service charge 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 stormwater management program. Determination of which activities qualify for the stormwater management service charge reduction will be made by the Director. Reductions in Stormwater 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 activity may be applied to any parcel in the service area which is owned or operated by the school district. (g) Implementation Schedule for Annexed Properties. When annexed to the City, all multiple family and commercial properties with two or more lSD's will receive the rate adjustments described above per ISU for 2 years from the date of ;mnexation; provided, the property owner submits engineering plans and specifications for on-site stormwater quantity and quality improvements for their property within J?ine (9) months of annexation, and said plans are approved by the Department according to System Development and Construction Standards. Failure to comply with any of the aforementioned provisions will result in these accounts being, charged at the retail stormwater rate beginning one (1) year from annexation. SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decjsion shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 1 Cft day of ~ ,2007 l 4 Improper Storm water Surcharges Approved this '-~.H ) day of ATTEST: APPROVED AS TO FORM: ~~ CAROL TGE~, . Clerk tomey PUBLISHED the~ day Of~ EFFECTIVE the 4 tA. ~ day of ORDINANCE NO. JOel!. ,2007 ,2007 R:\Legal\Legal\Ordinances\Public Works & Utilities\Improper Stormwater Surcharges.doc 5 Improper Storm water Surcharges Within City Limits Outside City Limits RETAIL STORMWATER RATES Monthly Service Charge Residential I (Single Family / Duplex} Base Charge (per account) Exception: Duplex with 2 Meters (per account) Residential II Multi Family Base Charge (per ISU) + 50% of the Base Charge $ $ 7.76 N/A $ 3.91 N/A 7.76 $ 11.64 N/A $ 15.52 N/A $ 7.76 N/A $ 11.64 N/A $ 15.52 N/A $ 7.76 N/A $ 4.74 N/A $ 0.86 N/A $ 2.59 N/A Residential III Base Charge (per lSU) + lOU% ot the Base Charge CommercialJ Base Charge (per ISU) Commercial II Hase Charge (per ISU) + 5U% ot the Base Charge Commercial III Base Charge (per lSU) + lOU% ot the Base Charge Public School Districts (per account) Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account) Multi - Family & Commercial Rate Adjustment Water Quality (per ISU) Water Quantity (per ISU) Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per ISU) $ 1.73 N/A IMPROPER STORMW A TER INFLOW RATES The following rates are established for Improper Stormwater Inflow, based upon the stormwater ISU for each lot and adjusted annually on the following schedule: EFFECTIVE DATE RA TE May 1,2002 25% Stormwater Fee for Property May 1, 2003 50% Stormwater Fee for Property May 1,2004 75% Stormwater Fee for Property May 1,2005 100% Stormwater Fee for Property After May 1, 2005, the Improper Stormwater Inflow Rate will remain at 100% of the Stormwater Fee for a property unless otherwise modified by the City Council. The fees shall be deposited in the Wastewater Fund (451). EXHIBIT A . ' AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 216671 ST ATE OF WASHINGTON COUNTY OF KITSAP I, Christy Moffitt, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: November 13,2007 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $33.56 which amount has not been paid in full. r~A[)l.t ~~Ai- . - . ~D (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 19,2007 No'"" Publk in and fm the State nfW"bingtnn, Kit"'~~ ~~~;S:5;::;~0..~, ,7 lI.AO>\:(\~' 4'~7'p ~. ,,<1 IV>- Cf' ~"':/ ~ 'of, '~ .; ~ ~ / k ']~""': t"\(lr-.!J':I..-~ 0 ~ DC"""" ,~.~. "'1t>. (-J h J ~,,#,--~ ?' 4'-i~F ~ ? ~1' ~ :::'r" 0 \ 1'}"R;/0'". ~ - _--..,,~ ~ /..-. "'":1lf; .~, .~~' .." ~ ',/} i:t .'''....., r1 ;'....\ \~\,...."I .. \/~ "r-f f /"",t.......-\:." .;;::: \/) ./"j e "\,.. ",- .'\..1) f;' 0 ~( u;. . ? n ,," \). 0 :<-::: ""Y>- "" L._()(," <' (1 /;::- . . '. , .,' \\~ \ Or \:vp-S'(\" .1 ~ \ '"". ""'--~ ''''>''''27SSSjj-' ORDINANCE NO. 5026 AN ORDINANCE ofthe City Council of the City of Bremerton, Washington, amending Chapter 15.01 of the Bremerton Municipal Code entitled "General Definitions" and Chapter 15.06 entitled" Assessments, Rates, Fees and Charges" relating to municipal utilitie's and improper storm water surcharges. PASSED by the City Council the 7th day of November, 2007. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337 November 13, 2007..................AD #20055343