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682 Stormwater SystemCITY OF YELM, WASHINGTON ORDINANCE NO. �Y—Z AN ORDINANCE of the City of Yelm, Washington, relating to a stormwater system, adopting development guidelines; creating a stormwater utility fund; providing for the establishment and enforcement of storm and surface water utility charges and rates; and adding a new chapter to Title 13 of the Yelm Municipal Code. The City Council of the City of Yelm HEREBY ORDAINS AS FOLLOWS: Section 1. A new chapter, Chapter 13.10, is added to Title 13 of the Yelm Municipal Code as follows: 13.10.010. Definitions. The following words, for purposes of this chapter, shall have the meaning set forth in this section unless the context clearly indicates otherwise: A. "Parcel" means any area of land which is listed as a parcel by the Thurston County Assessor, whether such parcel is publicly or privately owned. B. "Dwelling" and "dwelling unit ", unless otherwise defined in this chapter, shall have the same meaning as "dwelling unit" in YMC 17.06.290. C. "Single- Family Residential Parcel" means a parcel which has been developed and constructed for the purpose of providing a single dwelling unit for one family and which parcel continues to be used for that purpose except a qualified home occupation. D. "Two- Family Residential Parcel" or "Duplex" means a parcel which has been developed and constructed for the purpose of providing a duplex as that term is defined in YMC 17.06.278.. E. "Multiple- Family Residential Parcel ", except as otherwise provided herein, means any parcel including but not limited to an apartment house, developed and constructed for occupancy by three or more families, all living independent of each other and having separate kitchen facilities for each family. F. "Condominium" shall have the same meaning as in YMC 17.06.245. The term "Dwelling" as used therein shall have the same meaning as in YMC 17.06.280. G. "Commercial /Industrial Parcel" means any parcel which has been developed for any purpose other than as a single family dwelling unit, duplex, multiple family residential parcel, or condominium. H. "Undeveloped Parcel ", usually referred to as a "vacant lot ", means a parcel which contains no structures or substantial impervious surfaces and is not used for any residential, commercial, industrial, public, or other purpose. 13.10.020. Development Guidelines. Those certain guidelines and standards for the City of Yelm entitled "Development Guidelines" as published January 1995 and amended thereafter, are adopted as the official development standards for use on all development projects within the City and within City service areas, annexation areas, or planning areas to the extent that the City has the authority to require such guidelines and standards. In case of conflict between the Development Guidelines and other duly adopted ordinances, resolutions, or policies of the City, the provisions of the Development Guidelines adopted by this chapter shall prevail. 13.10.030. Stormwater Utility Fund. A. Created. There is created within the funds of the City a fund known and designated as the Stormwater Utility Fund. B. Source of Deposits. All fees, service charges, and assessments collected for the furnishing of services in the management and control of stormwater or for the construction or furnishing of stormwater facilities shall be deposited in the Stormwater Utility Fund of the City. C. Expenditures. All expenditures from the Stormwater Utility Fund shall be for the purpose of paying all or any part of the cost and expense of managing and controlling stormwater, including all maintenance and operating expenses, all or any part of the cost and expense of planning, establishing, acquiring, development, constructing and improving any stormwater facilities or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for such purpose unless a separate fund is required by state law or city ordinance for such bond redemption purposes. 13.10.040. Storm and Surface Water Utility Charge. There is imposed on every developed parcel of land within the City a storm and surface water utility charge in the amount set forth in Section 13.10.050. All charges for developed parcels shall be billed and become due as provided in Section 13.10.050. 13.10.050. Service Charge Rates. Subject to the rate adjustments provided in Section 13/10.060, the storm and surface water utility charges shall be levied upon the basis of a flat monthly "base" rate for all developed single - family residential parcels, duplexes, multiple- family parcels and condominiums; and for all other parcels a sliding rate shall be determined by measuring the amount of impervious surface area on each parcel and dividing that figure by the total area of parcel to determine the percent of impervious surface and therefore the rate category. The monthly charge shall 2 be that amount resulting from multiplying the service charge for the rate category applicable to the parcel by the total area of the parcel. The rate categories, the parameters of impervious surface for said rate categories and the monthly service charge applicable to each category shall be as follows: Rate Category % Impervious 1. Single- Family or Duplex 2. Multiple - Family 3. Condominium 4. Commercial/Industrial- Light N/A N/A N/A 0 -32 % of site imperv. 5. Commercial/Industrial- Moderate 33 -66% of site imperv. 6. Commercial /Industrial- 67 -100 % of Heavy site imperv. Monthly Service Charge per Unit /Gross Acre $2.50 per unit $1.25 per unit $2.50 per unit $4.00 Base Rate and $1.00 per acre $4.00 Base Rate and $1.20 per acre $4.00 Base Rate and $1.40 per acre The rates set forth in this section shall be effective for all stormwater utility billings rendered on or after the effective date of this ordinance. 13.10.060. Adjustments to Rates and Charges. The following adjustments shall be made to the rate and resulting storm and surface water utility charges: The charges billed directly to senior citizens, as defined in YMC 13.04.020, for single - family residences, duplexes and condominiums, shall, upon application of such citizen, be reduced by an amount equal to fifty (50 %) percent of the charge. 13.10.070. Deposit and Use of Service Charges. All service charges received shall be deposited into the Stormwater Utility fund created by this chapter and used for the purposes specified therein. 13.10.080. Lien for Delinquent Charges. The City shall have a lien for all storm and surface water utility charges and penalties not paid in accordance with the provisions of Section 13.10.050 of this chapter and may, in addition to enforcing its lien by the procedure set forth in RCW 35.67.210- 35.67.280, enforce its lien by shutting off the City's water service to the parcel for which such Storm and Surface Water Utility charges are owing, until such charges together with applicable penalties are paid. 3 Section 2. Severability. If any section or provision of this ordinance is held invalid or unenforceable by a court of law, the remainder of its sections and provisions shall not be affected. Section 3. Effective Date. This ordinance shall take effect five (5) days following its passage and publication as required by law. PASSED by the City Council of Yelm this day of,' 1999 �. Gti1 Ka hryn . Wolf, May r ATT ST : y� Ag s Bennick, City Clerk - Treasurer Passed and Approved: November 23, 1999 Published: December 3, 1999 Effective Date: December 8, 1999 4