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HomeMy WebLinkAbout2008-054 Stormwater Rates Increase; YMC Amendment 7.80.110 and 7.80.120 ORDINANCE NO 2008 -54 AN ORDINANCE relating to stormwater utility rates; extending the automatic adjustment of stormwater utility rates for commercial, industrial and institutional parcel classes previously established for 2008 to also apply for the year 2009 and extending the sunset provision from one year to two years; and amending sections 7 80 110 and 7 80 120 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Section 7 80 110 of Chapter 7 80 of the City of Yakima Municipal Code is hereby amended to read as follows. "7.80.110 Base Rate The base rate shall be calculated to provide adequate revenues to cover all costs allowable under applicable law that are incurred by the utility The city council adopts the annual base rate as twenty two dollars for 2008 and thirty five dollars for 2009 In each year thereafter, the ongoing revenue requirements for the stormwater utility shall be reviewed and the annual base rates shall be adjusted or maintained as needed. The frequency of adjustments to base rates thereafter shall be as required to ensure fair and full funding of the program. Adjustments to stormwater users fees as detailed in YMC 7 80.120 will automatically be applied to commercial, industrial and institutional parcel classes in 2008 and 2009 These credits will sunset in two years unless proper documentation is received that verifies that the parcels meet the conditions of the discounts For example, if a parcel contains its stormwater runoff in a drywell, the drywell must be registered with the Department of Ecology " Section 2. Section 7 80 120 of Chapter 7 80 of the City of Yakima Municipal Code is hereby amended to read as follows: "7.80.120 Adjustments to stormwater user's fees. Credits allowed under this section shall not be cumulative. Except for the first and second year credits that will be given to all commercial, industrial, and institutional parcels, credits or waivers must be granted by the engineer by October 15th of a given year in order for the credit or waiver to be in effect for the following billing year Credits or waivers are not retroactive to current or prior billings and are only in effect for the next billing year Credits or waivers may be in effect for multiple future billing years; provided, that ongoing qualifying criteria are met. The engineer will take such time as necessary to process requests for credits or waivers in an orderly fashion. (A) Credits for Qualified Stormwater Facilities. The city council recognizes that some parcel owners have constructed or will construct private on -site stormwater quality and quantity mitigation facilities, which when properly operated and maintained will aid the city in controlling the overall effects of stormwater pollution. Parcels or portions of parcels with facilities that meet one of the criteria listed below, to the engineer's satisfaction, shall receive a reduction of twenty percent from the annual fee charged for that portion of the site draining to such facilities. (1) Any commerciaVindustrial/institutional parcel with a properly constructed and maintained stormwater facility that meets or exceeds the design requirements of the 2004 Department of Ecology Stormwater Management Manual for Eastern Washington or an equivalent design manual adopted by the city Owners of subsurface stormwater (jc)ord /Stormwater Rate 1 Amendment infiltration systems shall provide evidence of compliance with the Washington State Underground Injection Control Program in order to receive the credit. (2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A copy of the permit and the stormwater pollution prevention plan (SWPPP) shall be provided to the engineer The property owner is responsible for providing all documentation necessary to demonstrate compliance with the above requirements. Documentation shall be by a licensed civil engineer with the state of Washington. In the event facilities or control measures address only a portion of the total parcel, the credit will be applied to only that affected portion. The customer must maintain any water quantity and /or quality control facility in accordance with Department of Ecology maintenance guidelines and appropriate practice to ensure proper function and effectiveness of the facility Commercial /industrial /institutional parcel owners receiving credits shall agree to allow the city to periodically inspect the subject stormwater facilities. The city may request documentation from facility owners to verify that proper maintenance has been performed. The city may notify owners in writing of maintenance needs or deficiencies Failure to maintain the facilities within thirty days after written notice may be cause for termination of the adjustment authorized by this section. (B) Credit for Rainwater Harvesting Systems Upon review and approval by the engineer, owners of new or newly constructed commercial /industrial class buildings that utilize a properly constructed and maintained permissive rainwater harvesting system shall be eligible for a ten percent credit applied toward that portion of their stormwater charge arising from the building upon which the system is used. Customers desiring this credit shall apply to the engineer and shall submit engineering design and operational information as deemed necessary by the engineer to make their evaluation and decision. Rainwater harvesting and beneficial reuse of the runoff is found by the city council to both reduce the burden imposed upon the system by the building by reducing runoff and to also have other beneficial water quality effects such as reduced consumption of potable water (C) Waiver of Utility Fees for Certain Property The engineer shall waive stormwater and surface water utility fees for a parcel falling within the following special categories of property upon a showing that the parcel meets the following applicable criteria for so long as the criteria are met. (1) Fees shall be waived for city streets and street rights -of -way, since they act as stormwater conveyance facilities during large floods. The city streets fund also contributes to the proper operation, maintenance, repair, improvement, and construction of the street drainage system. (2) Fees shall be waived for state of Washington highway rights -of -way, so long as the state of Washington cooperates with the utility in the provision of services and maintains, constructs and improves 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 (3) Fees shall be waived for municipal, county, and state and federal parks, fishing areas, wildlife reserves, public trails and bike paths so long as their owners cooperate with the utility in the provision of educational services and water quality control efforts Fees shall be waived to the degree that such property owners offset the costs of the utility to manage the burdens imposed by such parcels Parks, trails and bike paths have minimal intensity of impervious development and provide opportunities for natural resource education and development of an appreciation for water quality (jc)ord /Stormwater Rate 2 Amendment (4) Fees shall be waived for all vacant/undeveloped parcels The city council finds that such parcels generally have no improvements built on them, generate little to no traffic, utilize no chemicals, and generally are in a natural state, thereby imposing no burden upon the system and receiving no benefit from the utility's services and facilities Information that a property categorized as vacant or undeveloped is being used otherwise may result in a loss of this waiver " Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 2nd day of December, 2008 ATTEST David Edler, Mayor City Clerk Publication Date 12/5/08 Effective Date 1/4/09 (j c)ord /Stormwater Rate 3 Amendment • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No ! 7 For Meeting of December 2, 2008 ITEM TITLE. Consideration of an Ordinance amending the Storm Drainage and Surface Water Management Utility Ordinance SUBMITTED BY Doug Mayo, P E., City Engineer Randy Meloy, P E., Surface Water Engineer CONTACT PERSON/TELEPHONE. Randy Meloy, P E. Surface Water Engineer 576 -6606 SUMMARY EXPLANATION This action would amend the Storm Drainage and Surface Water Management Utility (Stormwater) Ordinance to allow for an extension of the same twenty percent credit provided to all commercial, industrial, and institutional parcels in 2008 through 2009 The twenty percent credit was originally scheduled for 2008 only To continue receiving this • credit in the future, the property owner would have to submit certain information to the City by October 15 of the preceding year The Department of Ecology's deadline for registering all private underground injection control (UIC) wells has slipped from the time the ordinance was developed and adopted The effect of which renders the City's current UIC requirements more onerous than state and federal regulation. As a policy, the Stormwater program is not intended to be more onerous on private property owners than is necessary to comply with state and federal regulations. The proposed amendment maintains consistency with federal and state requirements, lessens confusion for certain private property owners, and serves to ease administration by the City of the UIC registry program. The Stormwater Utility will still be able to meet its projected 2009 revenue goals while granting the twenty percent credit to all commercial, industrial and institutional parcels. Resolution Ordinance X Other (Specify) Contract Mail to (name and address) Phone. Funding Source: Stormwater OpFatino Fund 441 APPROVED FOR SUBMITTAL. - - - - - )- • , , City Manager STAFF RECOMMENDATION: Enact the amended Stormwater Utility ordinance as enclosed. BOARD /COM MISSION RECOM MENDATION • COUNCIL ACTION.