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Home My WebLink About2010-027ORDINANCE NO.2010-027 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REGARDING MONTHLY STORMWATER CHARGES WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens; and WHEREAS, the City of Arlington has been issued a National Pollutant Discharge Elimination System (NPDES) Phase 2 stormwater permit by the Washington State Department of Ecology which increases regulatory requirements on the City; and WHEREAS, the City of Arlington has identified a capital improvement program for continued/improved stormwater management; and WHEREAS, the City of Arlington continues to examine equitable monthly stormwater charges, and believes that amending the current monthly stormwater charges is necessary and fair to equitably allocate stormwater system charges ; NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as follows: Section 1. Arlington Municipal Code section 13.12.500 shall be and hereby is amended to read as follows: 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 Tables 2 and 3 below. Section 2. Arlington Municipal Code section 13.12.510 shall be and hereby is amended to read as follows: 13.12.510 Classification of property. The City Engineer 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. ORDINANCE NO.2010-027 (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. 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 parks) Impervious area / 6000 sf School Impervious area / 6000 sf Commercial, Institutional, Other Impervious area / 6000 sf Irrigation 0 Industrial Impervious area / 6000 sf Section 3. Arlington Municipal Code section 13.12.520 shall be and hereby is amended to read as follows: 13.12.520 Charges based on impervious area. In accordance with the policy established in Section 13.28.090, the service charge shall be determined by the amount of impervious area contained on each parcel of real property. Section 4. Arlington Municipal Code section 13.12.530 shall be and hereby is amended to read as follows: 13.12.530 Property exempt from service charges. The following special categories of property are exempt from service charges: (a) City street rights -of -way; ORDINANCE NO. 2010-027 2 (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. Section 5. Arlington Municipal Code section 13.12.540 shall be and hereby is amended to read as follows: 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) State and city utility taxes are included in the following rates and charges for stormwater service. See Table 3. (b) 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 no annual increase shall exceed two (2.0) percent; and provided further, that notwithstanding any reduction in the CPI, rates shall not decrease. Table 3. Monthly Stormwater Service Charge Rates Stormwater Charges (Monthly) 2011 RATE 2012 RATE 2013 RATE Base rate per ESU 4.75 5.82 $6.89 (c) 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 based on the above table (Table 3) per month multiplied by the number of equivalent service units determined by the utility to be contained in such parcel. For all single-family property owners qualifying for the ORDINANCE NO. 2010-027 3 senior low-income utility discount established in Section 13.12.140, the discount shall apply to stormwater service charges. Section 6. Arlington Municipal Code section 13.12.550 shall be and hereby is amended to read as follows: 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(dd). 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. Credit requirements shall be as established in the Stormwater Credit Manual as defined in section 13.28.050(dd), The administrator of the utility shall determine the forms, requirements and process for determining eligibility. Section 7. 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 8. 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; provided, however, that the rates and charges set forth in section 5 shall become effective on January 15, 2011. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this day of w , 2010. ORDINANCE NO. 2010-027 4 CITY OF ARLINGTON Y Margar Larson, Mayor ATTEST: - G �5a,LL Kristin Banfield, City Clerk APPROVED AS TO FORM: r Stet�-Pe' fle, City ttorney ORDINANCE NO.2010-027 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 #2010-027 was approved at the December 20, 2010 City Council meeting. ORDINANCE #2010-027 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REGARDING MONTHLY STORMWATER CHARGES A true and correct copy of the original ordinance is attached. Dated this 2 1 " day of December, 2010. Kristin anfield City Clerk for the City of Arlington SUMMARY OF ORDINANCE ADOPTION You are hereby notified that on December 20, 2010, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2010-027 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON REGARDING MONTHLY STORMWATER CHARGES" 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. Kristi Banfield City Clerk City of Arlington