HomeMy WebLinkAbout2023-20, Stormwater Rate IncreaseCity of East Wenatchee Ordinance 2023-20 and Exhibit A Page 1 of 5 City of East Wenatchee, Washington Ordinance No. 2023-20 An Ordinance of the City of East Wenatchee amending Chapter 13.10.210 of the East Wenatchee Municipal Code (EWMC) to update the City’s stormwater utility rate structure. 1. Alternate format. 1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta, etc.), comuníquese con la Secretaria de la Ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 4. Purpose. An Ordinance of the City of East Wenatchee amending Chapter 13.10 of the East Wenatchee Municipal Code (EWMC) to update the City’s stormwater utility rate THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendment. The City Council amends EWMC Chapter 13.10.210 as set forth in Exhibit A. 6. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above. 7. Repeal. The City Council repeals those provisions of any ordinance that are in conflict with the language of this Ordinance. 8. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. 9. Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website. 10. Effective Date. This Ordinance becomes effective five days following publication. City of East Wenatchee Ordinance 2023-20 and Exhibit A Page 4 of 5 13.10.210 Rates and charges. A. Rate Structure Policy. The utility rate structure shall be based upon the amount of impervious surface area within each parcel, as measured and established by this chapter. B. ESU Standards and Calculations. The service charge levied against a parcel shall be based upon the ESUs contained within such parcel as of January 1st each year. The following ESU standards and calculations shall apply within the service area: 1. A detached single-family residence shall equal one ESU. 2. A duplex shall equal one ESU. 3. A triplex or fourplex shall equal two ESUs. 4. For all other parcels, the ESUs shall be calculated by dividing the total area in square feet of impervious surfaces by 2,750 square feet and rounding the quotient to the nearest whole number; provided, that no developed parcel shall contain less than one ESU. 5. Undeveloped parcels shall not contain an ESU. 6. Changes to impervious surfaces or development of a previously undeveloped parcel shall not affect the parcel’s ESU standard or calculation until January 1st of the year following commencement of construction of the changes. C. Service Charges, Credits and Exemptions. 1. Service Charges. A service charge of $45.00 per ESU shall be levied annually against each developed parcel within the service area. 1. Service Charges. A service charge shall be levied against each developed parcel within the service area. Each ESU shall be assessed based on the following rate schedule: 2024 2025 2026 2027 2028 2029 Monthly Rate Per ESU $6.70 $9.45 $11.29 $13.22 $14.05 $14.92 2. Credits. Parcels having storm water facilities that are designed, constructed and maintained to the standards of Chapter 13.30 EWMC, as the same exists now or may hereafter be amended, shall be entitled to a credit using the following formula: a. For facilities that are a combination of public facilities and private facilities, the owner may be eligible to receive a service charge credit equal to 20 percent of the service charges levied against such parcel. b. Facilities that are entirely located on private property and maintained privately shall be eligible for a service charge credit equal to 50 percent of the service charges levied against such parcel. Exhibit A City of East Wenatchee Ordinance 2023-20 City of East Wenatchee Ordinance 2023-20 and Exhibit A Page 5 of 5 c. Parcels having facilities designed as multiple-use facilities shall be entitled to an additional service charge credit equal to five percent of the service charges levied against such parcel. d. To qualify for a service charge credit: i. The owner must provide documentation from an engineer retained by the owner at the owner’s expense that the facilities are designed and constructed in accord with the standards of Chapter 13.30 EWMC, all facilities have been properly maintained in accordance with Chapter 13.30 EWMC, and that the facilities are capable of accommodating all surface water and storm water generated by the design storm specified in Chapter 13.30 EWMC; ii. The owner must sign a right of entry and inspection agreement that grants the county and city the right to enter onto the parcel to inspect the facilities and verify all information submitted by the owner’s engineer; iii. The owner’s documentation and engineer’s information shall be verified and approved by the city; and iv. When requesting credit for multiple use facilities, the owner must provide documentation that the facilities have been dedicated to and accepted for public use. e. The service charge credit shall become effective on December 31st and applicable to the following service charge billing; provided, that all requirements are completed prior to October 1st of the current year. 3. Exemptions. a. An owner currently residing on the owner’s single-family residence parcel who qualifies for the senior citizen exemption provided for in RCW 84.36.381 applicable to real property taxes shall be exempt from the service charges. b. An owner of property that donates an easement or right-of-way to the city of East Wenatchee storm water facilities shall be eligible for an exemption from the service charge for development existing at the time the donation occurs. The exemption shall not apply to development that occurs following the donation. (Ord. 13-07 § 3 (Exh. A), 2013; Ord. 09-20 § 4, 2009; Ord. 02-12 § 4, 2002; Ord. 99-8 § 1, 1999) Exhibit A City of East Wenatchee Ordinance 2023-20