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HomeMy WebLinkAbout2010-008ORDINANCE NO. 2010-008 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REPEALING AND RE- ADOPTING ARLINGTON MUNICIPAL CODE CHAPTER 13.12 RELATING TO UTILITY RATES WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested revisions be made to Chapter 13, relating to rates for the City's water, sewer, and stormwater utilities; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Chapter 13.12 is repealed in its entirety. Section 2. A new Chapter 13.12 is hereby added to the Arlington Municipal Code, as follows: Chapter 13.12 UTILITY RATES 13.12.010 Classifications, rates, charges and rules for water service. 13.12.020 Classifications defined. 13.12.030 Basic rate defined. 13.12.040 Water rates and charges. 13.12.050 Water rate credits. 13.12.060 Average estimated charges. 13.12.070 Bimonthly billing option. 13.12.100 Classifications, rates, charges and rules for sewer service. 13.12.110 Residential classifications. 13.12.120 Residential and other sewer rates and charges. 13.12.130 Commercial classification and sewer rates and charges. 13.12.140 Industrial user classification and charges. 13.12.150 Low income senior citizens' rates. 13.12.160 Payments and deposits. 13.12.170 Partial collection of rates. 13.12.180 Billing of charges. 13.12.190 Utility and lien search and special water meter reading request. 13.12.200 Due date for charges. ORDINANCE NO. 2010-008 1 13.12.210 Connection charges --Surcharge for customers outside the city limits. 13.12.220 Failure to Receive Mail. 13.12.230 Water connection and meter charges. 13.12.240 Sewer connection charges. 13.12.250 Sewer connection charges --Industrial. 13.12.260 Appeals. 13.12,500 Classifications, rates, charges and rules for stormwater service. 13.12.510 Classification of property. 13,12.520 Real property in an undeveloped condition. 13.12.530 Property exempt from service charges. 13.12.540 Initial service charge rates. 13.12.550 Credit potential for private, on -site control facilities on non single-family properties and school facilities. 13.12,010 Classifications, rates, charges and rules for water service. The classifications, rates and charges for water service and the rules governing such service are fixed as follows in Sections 13.12.020 through 13.12.070. 13.12.020 Classifications defined. (a) Residential Unit. A residential dwelling unit, whether a separate structure or a part of a duplex, triplex or apartment, including trailer or mobile home park units. Each residential unit shall be charged a minimum of one basic charge, as defined in Section 13.12.040, based on meter size, plus a rate based on consumption. In the case of multiple -family residential units, the basic charge shall be the sum of the basic charge for the first unit based on actual meter size, plus one basic charge for each additional residential unit, for the minimum meter size (5/8 by 3/4 inch). (b) Commercial Units or Industrial Units. A commercial unit or industrial unit consists of any public or private premises not defined as a residential unit, and as hereinafter defined: (1) Premises occupied by only one business or activity or tenant shall be deemed a separate commercial unit. Each such commercial unit or industrial unit shall be charged one basic charge, as hereinafter defined, for the meter size, plus a rate based on consumption. (2) In case of multiple -occupancy commercial or industrial facilities, the basic charge for the first unit based on actual meter size, plus one basic charge for each additional commercial or industrial billing unit, as defined in AMC 13.04.050(e), for the minimum meter size (5/8 by 3/4 inch). 13.12.030 Basic rate defined. (a) The basic rate shall be the minimum monthly charge schedule based on meter size and the monthly rate schedule based on consumption (or the sprinkling rate schedule based on consumption, if applicable), set forth in Section 13.12.040. (b) In cases where there is more than one basic rate charged on water served by one meter, the charges and allocations thereof shall be as follows: ORDINANCE NO. 2010-008 2 (1) One minimum monthly charge, and fraction thereof, shall be charged for each basic rate, and fraction thereof, allowable; (2) With respect to consumption, the amount of water allowed under the minimum rate and the amount of water allowed under the scheduled rates in excess thereof shall be multiplied by the number, including fractions, of basic rates charged on said meter; (3) With respect to meters on which more than one basic rate is charged and where the services are greater than three -fourths inch, the basic rate shall be computed with respect to higher minimum applicable to the larger service pipe unless otherwise specified in the classifications defined under Section 13.12.020. 13,12.040 Water rates and charges. State and city utility taxes are included in the following rates and charges for water service. The water charges shall include a base charge by meter size, and a consumption rate, as set forth below. Beginning on January 15, 2011, the rates set forth for the year 2010 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle -Tacoma -Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (a) Minimum monthly charge schedule based upon meter size: Base Rate By Meter Size 2010 RATES 5/8"-- 3/4" $ 32.02 1" $ 44.78 1.5" $ 57.55 2" $ 92.70 3" $ 352.09 4" $ 448.26 6" $ 672.28 8" $ 928.52 (b) Monthly rate schedule charged per one hundred cubic feet based upon consumption: Plus Consumption Rate per 100 cubic feet 2010 RATES First 300 cubic feet (cf) Included in base rate Next 700 cubic feet $ 2.93 Over 1,000 cubic feet $ 3.09 ORDINANCE NO. 2010-008 Over 3,000 cubic feet 1 $ 3.09 (c) Fair and equitable minimum rates for water consumers having meters larger than four inches shall be fixed by the city council and written agreements shall be entered with the users setting forth said rates. The city council may enter into contracts with water users deviating from such rates where special circumstances dictate; provided that, such rates shall not be discriminatory. (d) Temporary Water Service - Temporary water service for construction purposes, circuses, carnivals or for any other purpose temporary in nature that will not require a permanent service installation must be obtained through a Fire Hydrant Use Permit as stipulated in AMC 13.04. 1 00(e). Charges for temporary use of water shall be as follows: Temporary Water Services Charges Security Deposit $750.00 Monthly Equipment Rental Fee (3/4" meter) $50.00 Usage Rate First 300 cubic feet (cf) Included in base rate Next 700 cubic feet $ 2.93 Over 1,000 cubic feet $ 3.09 Over 3,000 cubic feet $ 3.09 (1) The Security Deposit shall be refunded to the customer after the equipment has been returned and inspected for any damages; customer shall be solely responsible for all damages. Customers shall be billed on a monthly basis for monthly equipment rental charges and usage fees from the date of temporary service installation. (2) The usage rates set forth for temporary water service shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle -Tacoma -Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. 13.12.050 Water rate credits. In the event of elevated charges to a customer resulting from a water leak or other non - intentional and non -negligent act, the customer may petition the city for a credit to be applied to the account to be determined by standard procedures set by the authority of the utility, pursuant to AMC 13.04.080. 13.12.060 Average estimated charges. When a meter has ceased to register since the preceding reading, due to mechanical breakdown or when it is impossible to read a meter that is buried in debris, or for any ORDINANCE NO. 2010-008 4 other reason is unreadable, or when it is necessary during any month to remove such meter either temporarily or permanently for unforeseen reasons, or if any other condition exists which would not permit a full monthly measurement of the water used in any premises during the month, the water department is authorized to average the bills of such user for previous available months and to charge such average bill monthly during the continued presence of any of the conditions listed above. 13.12.070 Bimonthl b� illing option. In the event the city council determines it advisable to read any or all water meters bimonthly, the water department is authorized to estimate bills for such water service on the basis of previous consumption, for the month for which the meter has not been read, and to correct the charge to actual consumption on the following bill. 13.12,100 Classifications, rates, charges and rules for sewer service. The rates and charges for sanitary sewerage disposal service for each user or class of user are fixed as follows in Sections 13.12.110 through 13.12.140. 13.12.110 Definitions of Terms used (a) Biochemical Oxygen Demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five days at twenty degrees Centigrade, expressed in parts per million by weight. (b) Commercial Classification— utility service to a business that is not classified as Residential Service under Section 13.12.120 or classified as an industrial service under Section 13.12.150. (c) Connection Fees — a fee paid to the appropriate utility as a condition of being allowed to connect to the utility system. (d) Industrial Classification —utility service to a business that is not a commercial service under AMC 13.12.140. (e) Inside City Limits — the area within the Arlington city limits as now or hereafter configured; (f) Outside City Limits — the area outside the Arlington city limits as now or hereafter configured; (g) Residential Classification — a service to a single-family residence, duplex, triplex, apartment, trailer or mobile home park, or other residential property. (h) Total Suspended Solid (TSS) — means the amount of solids in sewage that can be trapped by a filter. 13.12.120 Residential classifications. The residential classification shall include single-family residences, duplexes, triplexes, apartments, trailer and mobile home parks and other residential properties. Each residential unit shall be charged one base rate. 13.12.130 Residential and other sewer rates and charges. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following four-year plan will be based on the city's billing cycle for use beginning on June 1, 2010, and January 15th of each year thereafter: ORDINANCE NO.2010-008 5 Sewer Charges 2010 2011 RATE 2012 2013 (Monthly) RATE RATE RATE Base rate per $ 57.45 $ 62.80 $ 68.15 $ 73.50 residential unit Beginning on January 15, 2014, the rates set forth for the year 2013 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle -Tacoma -Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. 13,12.140 Commercial classification and sewer rates and charges. (a) All sanitary sewerage users consisting of any public or private premises not classified under Section 13.12.110 or classified as an industrial user under Section 13.12.150 shall be classified as commercial and charged upon the basis of water consumption. State and city utility taxes are included in the following rates and charges for sewer service. The effective dates for the following four-year plan will be based on the city's billing cycle for use beginning on June 1, 2010 and January 15th of each year thereafter. Each user shall pay a minimum monthly charge of one base rate plus a volume rate for all consumption over three hundred cubic feet per month. Sewer Charges (Monthly) 2010 RATE 2011 RATE 2012 RATE 2013 RATE Base rate (includes 300 cubic feet per $57.45 $62.80 $ 68.15 $73.50 month) Volume rate (per 100 cubic feet per $ 5.95 $ 6.50 $ 7.05 $ 7.60 month) (b) Beginning on January 15, 2014, and on January 151h each year thereafter the rates set forth for the year 2013 shall be increased annually by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle -Tacoma -Bremerton area for All Urban Consumers, or other measure commonly used by the city should it ORDINANCE NO. 2010-008 change, provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (c) The Finance Director may elect to bill the user for the user's sanitary sewerage charges during each calendar year upon a fixed monthly basis determined on or about April 1 st each year by computing the average monthly water consumption for the period from November 15th of the preceding year to March 15th of the following year and charging rates based upon such average monthly water consumption. Where there is no history of the November 15th to March 15th period, the charges shall be based upon actual consumption until such a history exists. (d) Where the use of water is such that a portion of all water used is lost by evaporation, irrigation, sprinkling or other causes, upon proof to the city of such fact and of the amount of water so lost, any such user may have the charges changed to reflect such water loss. (e) If more than one such user is located in any one building or upon any one lot, each month each such user shall separately pay their proper rate for sewage disposal service. (f) The above rates are established for general sewer service conditions. Where special conditions affect the sewage load or where a service from a single building or lot discharges the combined waste from two or more businesses or users on a single water meter, the proration of the rate shall be set by the city, taking into account the sewage services provided or to be provided, but in no event shall the charge for each such user be less than the minimum charges set forth in Sections 13.12.100 through 13.12.150 of this chapter. 13.12.150 Industrial user classification and charges. The rates and charges for industrial users, as defined in Sections 13.08.240, 13.08,250, and 13.36 of this code, shall be as follows: (a) All user charges shall be based upon equitable unit charges established for flow BOD (biochemical oxygen demand) loading and TSS (total suspended solids) loading, based upon the average BOD, TSS and other parameter(s) concentrations (as established by the Public Works Director) monitored for the industrial user and the flow recorded in the monitoring manhole or water use. (b) A minimum monthly charge will be established by the city to cover the basic sewer costs and monitoring of the industrial user's wastewater discharge, and in the event the monthly sewer bill does not exceed this amount the industrial user shall agree to pay the estimated minimum monthly charge. This charge shall be reviewed from time to time and adjusted to ensure the charge is covering the monitoring services and sewer costs provided and must be reviewed every two years. Initially, the monthly charges shall be based on the following, unless otherwise established in the negotiated discharge permit: (1) For an industrial user with waste strength less than two hundred fifty mg/l, measured as five-day BOD and TSS, and other parameters within limits established in Sections 13.08.240, 13.08.250, 13.36 of this title, and whose discharge does not require regular monitoring other than flow, the minimum monthly charge is as set forth below: ORDINANCE NO. 2010-008 7 Sewer Charges 2010 2011 2012 2013 (Monthly) RATE RATE RATE RATE waste strength <250 mg/1 $352.00 $384.00 $417.00 $449.00 (2) For an industrial user with waste strength in excess of two hundred fifty mg/1 for two months or more per year, the minimum monthly charge is as set forth below: 2010 2011 2012 2013 Sewer Charges (Monthly) RATE RATE RATE RATE waste strength>250 mg/1 $1,406.00 $1,536.00 $1,666.00 $1,797.00 (3) Beginning January 15, 2014, and each January 15th thereafter, the charges set forth in subsections (a) (1) and (a) (2) of this section, shall be increased annually, by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle -Tacoma -Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (c) Until such time as a sewer user charge analysis can be conducted to establish equitable charges under a negotiated discharge permit between the city and the industrial user, the following shall be used as the basis for industrial user charges: (1) Flow based charge per cubic foot of wastewater discharged; (2) BOD charge per pound of BOD discharged; (3) TSS charge per pound of TSS discharged; Sewer Charges (Monthly) 2010 2011 2012 2013 RATE RATE RATE RATE Flow -based charge (per cubic $0.01681 $0.01837 $0.01993 $0.02150 foot) BOD charge (per pound BOD) $0.578 $0.627 $0.675 $0.529 TSS charge (per pound TSS) $0.354 $0.386 1 $0.419 $0.452 ORDINANCE NO. 2010-008 (4) Beginning January 15, 2014, and each January 15th thereafter, the charges set forth in subsections (c) of this section, shall be increased annually, by the October reported percentage increase of the Consumer Price Index (CPI) for the Seattle - Tacoma -Bremerton area for All Urban Consumers, or other measure commonly used by the city should it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease. (d) Flow shall be based upon one hundred percent of the water consumption or rate of flow of wastewater discharge into the sewer (measured in an industrial user installed flow measurement and recording equipment installed in control manhole, pursuant to Chapter 13.36 of the Arlington Municipal Code). Strength of wastewater discharged shall be established based upon twenty -four-hour composite samples made by the city at the control manhole and tested by the city's wastewater treatment plant laboratory or state certified testing laboratory. All testing shall be in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD and TSS, pounds per day, shall be calculated based upon concentration of composite samples and established flow rates. (e) Appeal. (1) If any user believes that a portion of the user's metered flow, larger than ten percent, is not discharged into the sewer system (when flow measurement is not provided in the control manhole), the user should make written application to the Public Works Director for review of the user's flow of wastewater. If the Public Works Director agrees that charges for the user should be adjusted, they shall so notify the city council, which may approve such change, or direct a recomputation of the user's sewer rates. (2) If the Public Works Director does not agree to the adjustment of user charges, the user may further appeal to the city council, which may direct further study or take other appropriate action. 13.12.160 Low income senior citizens' rates. (a) For qualifying senior citizens as defined in this section, the base residential rates and consumption and volume charges set out in Sections 13.12.040 and 13.12.120 shall be reduced by forty percent; provided, however, that the CPI increases referred to in Sections 13.12.040 and 13.12.120 shall not be so reduced. (b) For purposes of this section, the term "qualifying senior citizens" shall mean those ratepayers who are sixty-one years of age or older, whose household income is twenty-eight thousand dollars or less. For purposes of verifying income, ratepayers seeking to qualify under this section shall provide annual proof of age and income as may be required by the city upon forms retained by the Finance Director for that purpose. 13.12.170 Payments and deposits. The water and sewer rates and charges set forth in Sections 13.12.010 through 13.12.160 and the stormwater rates and charges set forth in Sections 13.12.500 through 13.12.550 are and shall be considered rates and charges for the combined utility systems. 13.12.180 Partial collection of rates. ORDINANCE NO. 2010-008 9 In the event of partial payment of the total amount of such rates and charges, such payment shall be applied prorata to amounts due under Sections 13.12.010 through 13.12.160 and in Sections 13.12.500 through 13.12.550. All remedies available under this chapter, including termination of water and sewer utility service, shall be available to the city for the collection of any balance due that has become delinquent. 13.12.190 Billing of charges. All charges authorized under this chapter shall be billed to the owner of the premises being served, provided that upon written authorization by such owner charges may be billed to the tenant. The owner has complete responsibility for payment of charges even if the tenant is receiving the bill. A fully executed rental agreement between the owner and the tenant is deemed as acceptable authorization. 13.12.200 Utilitv and lien search and special water meter reading requests. The city of Arlington provides utility and lien searches and special meter readings for the closing totals for real estate transactions occurring in Arlington. The cost of providing a utility and lien search and special meter readings shall be paid in advance by those making the request. (a) For each request for service received by the city of Arlington the following listed fee(s) shall be charged and imposed: Services Fees 1. Utility and lien search request $30.00 2. Special water meter reading request $50.00 (b) For the purpose of this chapter "Special Water Meter Reading" shall be defined as a reading of a customer's water meter occurring on any day other than the day the city has established as the property's regular scheduled water meter reading. (c) Every request received by the city of Arlington, whether by mail, fax or electronically will be either charged the above fee for an estimated closing amount or the above fee for a special meter reading and an actual closing amount. The fees will be added to the closing amount given to the escrow company. 13.12.210 Due date for charges. The monthly utility bill for water, sewer, and stormwater service shall be paid immediately upon billing and will be considered delinquent if not paid in full 20 days from the billing date in which the service was originally charged. A penalty of five percent for each thirty days or fraction thereof shall be assessed against all delinquencies. 13.12.220 Failure to Receive Mail. Failure to receive mail shall not be recognized as a valid excuse for failure to pay water bills when due. Change in ownership of property and change in mailing address must be provided to the Finance Department. All bills shall be sent to the customer's billing address provided the City. ORDINANCE NO. 2010-008 10 13.12.230 Connection charges --Surcharge for customers outside city limits. In addition to the foregoing rates and charges, the city shall charge at the time of connection for each residential unit or equivalent residential unit connected to the water or sewer system the charges set forth in Sections 13.12.220 and 13.12.230; provided, however, that for customers to be served outside of the city limits of the city of Arlington, the connection charges set forth in Sections 13.12.240(a), 13.12.250, and 13.12.260 shall be increased by fifty percent. Additional regulations regarding utility connections outside city limits are contained in AMC Chapter 13.20. 13.12,240 Water connection and meter charges. (a) Connection Charge. A connection charge is a charge for a share of the city's potable water system that a service connection must pay as a condition of being allowed to connect to the city's potable water system. The proportionate share is based on the anticipated water impact the service will have on the city's potable water system and is measured as an Equivalent Residential Unit (ERU) to which the water connection serves as determined by Table 1 in Section 13.12.230 of this chapter. One ERU is defined as 300 gallons of water per day. For property served within the city limits, a charge shall be made as shown in the below table for the first, or base, ERU. Each water service connection shall, at a minimum, be charged for one ERU. The connection charge(s) for each additional ERU, as rounded up or down to the next full ERU, is included in the table below Meter Size Water Connection Charge % or 3/4 inch $4,300.00 1 inch $10,750.00 1- 1/2 inch $21,500.00 2 inch $34,400.00 3 inch $64,500.00 4 inch $107,500.00 6 inch $215,000.00 Over 6 inches Amount over $215,000.00 to be determined by council Fee for each ERU in addition to the first or base ERU (regardless of meter size) $4,300.00 (b) Meter Installation Charge. In addition to the connection charges specified in subsection 13.12.240(a) of this section, the city shall charge for each building or ORDINANCE NO. 2010-008 11 service connected to the water system within the city, a meter installation charge, as set forth in the below table: Meter Size Installation Charge % or 3/4 inch $720.00 1 inch $1,080.00 1- 1/2 inch $1,580.00 2 inch $2,230.00 3 inch $4,250.00 4 inch $6,770.00 6 inch Cost established at the time of installation Over 6 inches To be determined by city council (c) Performance of Work. The city may perform all or part of the installation of the service at the sole cost of the person receiving the water service. In such case, the applicant shall deposit with the Finance Director the estimated amount of the cost of installation prior to the work being done. (d) Time of Payment of Charges --Excess and Deficiencies. All charges imposed under this section, including connection charges, meter fees, material, labor and overhead costs, shall be paid in advance. If any advance payment based on an estimate is excessive, the city shall refund the excess on completion; and if the estimated amount paid is insufficient, the city shall bill such excess to the person owing the same and such excess shall be forthwith paid to the city. (e) Additional Charges. An additional charge will be made in all cases for repair of such street paving, curbs and gutters, and sidewalks as may be damaged by the installation of the water service, based upon actual cost to the city of materials, equipment, labor and overhead. Upon application, the city will estimate the amount of the additional charge, and the applicant shall deposit with the Finance Director the estimated amount prior to the work being done. 13.12.250 Sewer connection charges. Except as otherwise provided herein, the city shall charge a sewer connection charge for each residential unit or equivalent residential unit as calculated in Table 1 of this section. The connection charge shall be in the amount of eight thousand four hundred dollars ($8,400) per equivalent residential unit. These fees shall be paid for each building or service to be connected to the sewage system, whether it connects directly to the sewer line or is combined with two or more services and connected to the sewer line at a single point. Such connection and other charges are as set forth in Table 1 of this section. (a) Beginning on January 15, 2011, the connection fee set forth for the year 2010 shall be increased annually by the percentage increase of the October Consumer Price Index ORDINANCE NO. 2010-008 12 (CPI) for the Seattle -Tacoma -Bremerton area for all urban consumers, or other measure commonly used by the city should it change. (b) Connection charges for industrial users as defined in Section 13.08.050 shall be computed as set forth in Section 13.12.260. (c) Side Sewer Installation — All side sewers shall be installed in accordance with Section 13.08.210. (d) In all cases there shall also be paid a side sewer permit and inspection fee in the amount of one hundred eighty dollars for the first residential unit or equivalent residential unit connected to the service and thirty-six dollars for each additional residential unit or equivalent residential unit as determined by the unit definition for sewer connection charges. (e) Field inspection fees for inspection requested other than side sewer permits shall be charged at the rate of seventy-five dollars per hour with one -hour minimum charge. (f) All charges imposed under this chapter shall be paid in advance. If any advance payment based on an estimate is insufficient, then the city shall bill such excess to the person owing the same. (g) Table 1 establishes Equivalent Residential Unit (ERU) rates for typical facilities based on standardized water use data. Table 1 is the basis for determining the ERU count for all water and sewer services and shall be reapplied with any change in operation or use. One ERU is defined as 300 gallons of water or sewage per day. Table 1 Typical Facilities Measurement Basis Estimated ERU Rate Restaurants -- inside seating 1,000 sf (gross) 3.0 Drive-thru 115.0 Deli/coffee shop 1.0 Dry retail (hardware, clothing, et al) 0.2 Wet retail (grocery, florist, et al) 0.4 General office 0.3 Medical/dental 0.5 Hair salon 0.5 Laundry Each machine 0.7 Car wash -- automatic each 20.0 Hand each bay 2.0 Auto service -- gas plaza each pump 0.1 Repair shop 1,000 sf (gross) 0.5 ORDINANCE NO. 2010-008 13 Mini -mart 110.5 School -- elementary 100 students and 1.0 staff Junior high / Middle school 100 students and 1.2 staff High School 100 students and 1.5 staff Hotel or motel room 0.5 Warehouse or manufacturing (no process water or wastewater) 1,000 sf 0.1 Church It0.5 Multifamily Each dwelling unit 0.67 Industrial See note 1 See note h All other uses See note 2 See note i Speculative buildings See note 3 See note j (h) Industrial. Industrial applications require submittal of a written description of the industrial process, with a floor plan of the plumbing system, that defines expected production levels and water consumption. Equivalent residential unit determination will be computed from the forecasted average daily consumption (not discounted for weekends or holidays). (i) All Other Uses. Equivalent residential unit determination will be made on a case -by - case basis based on like uses, whenever information is available. (j) Speculative Buildings. Equivalent residential unit determination will be computed for a use typical to the allowed zoning, such as dry commercial, general office or warehouse. 13.12.260 Sewer connection charges --Industrial. For those users which are defined as industrial users under AMC Chapter 13.36, the public works director or his or her designee shall establish a connection fee based on the formula set forth in subsection (b) of this section. To the extent possible, the public works director or designee shall utilize historical data in establishing the connection fee. (a) For the purposes of this section, the following terms shall have the following meanings: (1) 'Equivalent residential unit of BOD" means twelve and one-half pounds of biochemical oxygen demand per month. (2) 'Equivalent residential unit of flow" means one thousand cubic feet per month of flow. (3) "Equivalent residential unit of TSS" means twelve and one-half pounds of total suspended solids per month. ORDINANCE NO. 2010-008 14 (b) The connection fee for connections made under this section shall be calculated to include a flow rate per equivalent residential unit, plus a BOD rate per equivalent residential unit, plus a TSS rate per equivalent residential unit as shown: Industrial Sewer Connection Fees (Flow + BOD + TSS per ERU) FLOW $5,060.00 BOD $3,035.00 TSS $2,025.00 (c) At any time within twelve months of the imposition of the connection fee, the public works director, or his/her designee may review the connection fee imposed under subsection (b) of this section. In the event the equivalent residential units as defined in subsection (a) of this section were estimated incorrectly, the city may impose an additional connection fee to take into account higher equivalent residential units. 13.12.270 Appeals. Any property owner of an approved final plat, subdivision, multiple residential dwelling, or commercial, nonresidential, or industrial property may administratively appeal the sewer or water connection charges established herein to the City's Hearing Examiner, which shall review the reasonableness of the connection fee proposed to be charged, taking into account other mitigation which may have been made to impacts on the city water and sewer systems. 13.12.500 Classifications, rates, charges and rules for stormwater service. The classifications, rates and charges for stormwater service and the rules governing such service are fixed as follows in Sections 13.12.510 through 13.12.550, and shown in Table 2. Table 2. Property Classification and ESUs for Stormwater Rate Assessment Stormwater Property Classification Number of ESUs Exempt N/A Undeveloped 0 Residential, SFR 1 Residential, Duplex 2, 1 per dwelling unit Residential, Triplex 3, 1 per dwelling unit Residential, Homeowners' Assoc & Common Areas Impervious area / 6000 sf Residential, Multi -family (apartments, condominiums, mobile home arks) Impervious area / 6000 sf School Impervious area / 6000 sf Commercial, Institutional, Other Impervious area / 6000 sf Irrigation 0 ORDINANCE NO. 2010-008 15 Industrial I Impervious area / 6000 sf 13.12.510 Classification of property_ The utility shall estimate or measure the impervious area of each parcel of developed real property within the boundaries of the utility to determine the number of equivalent service units (ESUs), as defined in section 13.28.050(m), that are contained therein; six thousand square feet of impervious area shall equal one ESU. See Table 2. (a) All single-family residences, duplexes and triplexes are deemed to contain one ESU per dwelling unit. (b) For all other developed real properties, including multifamily, condominiums and mobile home parks, the utility shall determine the number of ESUs contained thereon by dividing the number of square feet of impervious area on each property by six thousand; the total thus obtained will be rounded to the nearest whole number representing the ESUs contained on such property. (c) Each developed parcel of property shall be deemed to contain a minimum of one ESU. Credits shall not reduce this minimum. 13.12.520 Real property in an undeveloped condition. Stormwater service charges shall be determined by the amount of impervious area contained on each parcel of real property. Those properties remaining in an undeveloped condition are deemed not to make use of the services of the utility or of the facilities of the system beyond that used by such property in the natural state. Therefore, no service charge shall be imposed upon that real property. 13.12.530 Propert exempt from service charges. The following special categories of property are exempt from service charges: (a) City street rights -of -way; (b) State of Washington highway rights -of -way and Snohomish County road rights -of - way so long as the state of Washington and Snohomish County shall agree to maintain, construct and improve all drainage facilities contained within such rights - of -way as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the city. 13.12.540 Initial service charge rates. In accordance with the rate structure established herein, there is hereby levied upon all developed real property within the boundaries of the utility, the following service charges: (a) For all single-family residences, the monthly service charge shall be three dollars and forty-five cents ($3.45) per month. (b) For all other developed property including multifamily, condominiums and mobile home parks within the boundaries of the utility, except as specified under Section 13.28.130, the monthly service charge shall be three dollars and forty-five cents ($3.45) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. ORDINANCE NO. 2010-008 16 (c) For all single-family property owners qualifying for the senior low-income utility discount established in Section 13.12.160, the discount shall apply to stormwater service charges. 13.12.550 Credit potential for private, on -site control facilities on non single-family_ properties and school facilities. (a) The utility may grant a credit for private, on -site control facilities that benefit the overall stormwater system. Details pertaining to eligibility and applying for a credit are detailed in the Stormwater Credit Manual as defined in section 13.28.050(ff). The eligibility of the credit shall be reviewed on an annual basis to ensure proper maintenance of said private facilities. The administrator of the utility shall determine the forms, requirements and process for determining eligibility. (b) The utility shall grant public schools additional credit upon receipt of an acceptable curriculum showing how the district provides education regarding stormwater issues. Each site owned and operated by the district in support of education shall be eligible for this credit in addition to any site -specific credits also available for individual sites. The administrator of the utility shall determine the forms, requirements and process for determining eligibility. Section 3. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this �q ---`day of LAL- , 2010. CITY OF ARLINGTON Marg Larson, Mayor ATTEST: Kristin anfield, City Clerk ORDINANCE NO. 2010-008 17 APPROVED AS TO FORM: Stev i J. Pjfik, City Attorney ORDINANCE NO. 2010-008 18 SUMMARY OF ORDINANCE ADOPTION You are hereby notified that on May 17, 2010, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2010-008 entitled, AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REPEALING AND RE- ADOPTING ARLINGTON MUNICIPAL CODE CHAPTER 13.12 RELATING TO UTILITY RATES This ordinance is effective five days from its passage and publication. The full text of the ordinance is available to interested persons and will be mailed upon request. Kristih Banfield City Clerk City of Arlington CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2010-008 was approved at the May 17, 2010 City Council meeting. ORDINANCE #2010-008 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REPEALING AND RE- ADOPTING ARLINGTON MUNICIPAL CODE CHAPTER 13.12 RELATING TO UTILITY RATES A true and correct copy of the original ordinance is attached. Dated this 18th day of May 2010. Kristin anfield City Clerk for the City of Arlington SUMMARY OF ORDINANCE ADOPTIONS You are hereby notified that on May 17, 2010, the City Council of the City of Arlington, Washington, did adopt: Ordinance No. 2010-008 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND REPEALING ARLINGTON MUNICIPAL CODE CHAPTER 13.12 RELATING TO UTILITY RATES." Ordinance No. 2010-009 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 12 RELATING TO STREETS AND SIDEWALKS AND ADDING A NEW CHAPTER 12.48 RELATING TO SIDEWALK AND ROADSIDE MEMORIALS." Ordinance No. 2010-010 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 13 RELATING TO UTILITY SERVICE REGULATIONS." The ordinances are effective five days from its passage and publication. The full texts of the ordinances are available to interested persons and will be mailed upon request. Kristin tanfield City Clerk City of Arlington