HomeMy WebLinkAbout3656Ordinance No. 3656,
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
CONO=565 — Storm Drainage Control
Passed — 8/19/2003
Rainwater Harvesting System — Amendment to Ch. 7.05 KCC
Amends Ords. 2547;3042
Amended by Ord. 3779
ORDINANCE NO. 3 (a 5 6
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending sections 7 05 020 and
7 05 130 of the Kent City Code relatmg to storm and
surface water utility charges in order to include a ten (10)
percent rate reduction for commercial properties utilizing a
rainwater harvesting system. This rate reduction was
passed by the Legislature and signed by the Governor
under Engrossed Substitute House Bill 2088, which took
effect July 31, 2003
WHEREAS, on May 20, 2003, Governor Locke signed into law
Engrossed Substitute House Bill 2088 ("ESHB 2088"), which amends RCWs
35 67 020 and 35 92 020 and requires cities to provide a minimum ten (10) percent rate
reduction in the amount of storm or surface water charges billed to owners or renters of
commercial buildings if that property utilizes a rainwater harvesting system, and
WHEREAS, ESHB 2088 also requires a commercial property owner or
renter using a rainwater harvesting system to use a system that is properly sized to
utilize the available roof surface of the building, and
WHEREAS, the Washington State Building Code Council, on July 12,
2002, adopted Permissive Rainwater Harvesting System Guidelines for Non -
Residential Occupancies which provides guidance on the installation of an
system, and
1 Rainwater Harvesting System —
Amendment to Ch. 7.05 KCC
WHEREAS, ESHB 2088 took effect on July 31, 2003, and requires
code amendment to sections 7 05.020 and 7 05 130 of the Kent City Code relating b
storm and surface water utility charges in order to include a definition of "rainwate
harvesting system" and a provision allowing for the ten (10) percent rate reduction i
such a system is in use by a commercial property owner or renter, NOV
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. — Amendment Section 7 05 020 of the Kent City Code
entitled "Definitions," is amended as follows -
Sec. 7.05.020. Definitions. The following words, terms and phrases, wher
used in this chapter, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning
Detention shall mean the temporary storage of storm and surface water run -oft
with provisions for the controlled release of the stored water
Equivalent service unit (ESU) shall mean a configuration of development of
impervious surfaces estimated to contribute an amount of run-off to the City's storir
and surface water drainage system which is approximately equal to that created by the
average single-family residential parcel. This excludes the multiplier effects of
continuous areas of impervious surfaces larger than an ESU. One (1) ESU is equal tc
two thousand five hundred (2,500) square feet of impervious surface area or an)
portion thereof
Impervious multiplier shall mean a multiplier used in the City storm and
surface water utility rate formula which reflects the hydraulic impact of increasing
percentages of impervious surface area The effect of such multiplier is to increase the
monthly service charge for parcels having a higher ratio of impervious surface area tc
total surface area
2 Rainwater Harvesting System —
Amendment to Ch. 7.05 KCC
Impervious surface shall mean that hard surface area which either prevents or
retards the entry of water into the soil mantle as it entered under natural conditions pre-
existent to development, and/or that hard surface area which causes water to run off the
surface in greater quantities or at an increased rate of flow from that present under
natural conditions pre-existent to development Common impervious surfaces include,
but are not limited to, roof tops, concrete or asphalt paving, walkways, patios,
driveways, parking lots or storage areas, and oiled, macadam or other surfaces which
similarly impede the natural infiltration of surface water
Parcel shall mean the smallest separately segregated unit or plot of land having
an identified owner, boundaries, and surface area which is documented for tax
purposes and given a tax account (lot) number by the King County assessor
Parcel, agricultural shall mean any parcel of land upon which crops are
produced or livestock is raised, and may include houses, barns, greenhouses and other
structures related to farming activities. Agriculture includes both commercial and
noncommercial activities
Parcel, developed shall mean any parcel which has been altered by grading or
filling of the ground surface or by construction of any improvement or other
impervious surface area which affects the hydraulic properties of the parcel
Parcel, single-family residential shall mean any parcel of land having on it a
dwelling unit which is designed for occupancy by one (1) family or a similar group of
people
Parcel, undeveloped shall mean any parcel which has not been altered by
grading or filling of the ground surface, or by construction of any improvements or
other impervious surface area which affects the hydraulic properties of the parcel
Rainwater Harvesting System shall mean a system that is properly sized to
utilize the available roof surface on anv new or remodeled commercial building, which
complies with the guidelines established by the Washington State Building Code
Council for a harvesting system that collects and stores rainwater for the purpose of
supplying water to plumbing fixtures, industrial applications. or used for irrigation
purposes
3 Rainwater Harvesting System —
Amendment to Ch. 7.05 KCC
Retention shall mean the storage of storm and surface water run-off with no
provisions for release of the stored water other than by evaporation and infiltration
Storm and surface water fatality shall mean any natural or person -made
component of the City storm and surface water system Storm and surface water
facility shall also include any structure or facility impacting the City system, or
otherwise related to storm and surface water management
Storm and surface water system shall mean the total system of storm and
surface water facilities as described in KCC 7 05 040 and the drainage basins map.
SECTION 2. — Amendment. Section 7 05.130 of the Kent City Code,
entitled "Rate reductions — Credits," is amended as follows
Sec. 7.05.130. Rate reductions — Credits. The finance director, upon
direction of the director of public works or designee shall reduce (credit) the normal
storm and surface water utility charge for a parcel of real property when the public
works department finds:
1 The owner of a parcel, other than a residential parcel, has installed an
approved onsite retention system which substantially reduces the flows expected after
the development of such a parcel No credit shall be given for mitigating measures
which are required to meet any ordinance, regulation, other control or standard
established by the City, King County or the state Such credits shall be commensurate
with the mitigating effects so that the reduction in rates will be in approximate
proportion to the reduction in run-off. hi no case shall such a credit result in a rate less
than the monthly charge for a single-family residential parcel A system of standard
credits in storm and surface water utility charges for retention measures shall be
developed and transmitted to the City Council for approval within ninety (90) days of
adoption of this chapter.
4 Rainwater Harvesting System —
Amendment to Ch. 7.05 KCC
2 Such a credit will remain in effect as long as:
a The owner of such a system has obtained the proper permits and
constructed the system according to plans approved by the director of public works or
designee;
b The owner remains responsible for all costs of operation and
maintenance of the system consistent with City standards, whether operated and
maintained by the owner or by the City; and
C The director of public works or designee has access for
inspection of the system to determine if it is in compliance with design and
maintenance standards, and is functioning properly.
3. The owner or renter of a new or remodeled commercial building is
utilizing a permissive rainwater harvesting system, as defined in KCC 7 05 020 In
such cases, and in accordance with RCWs 35 67.020 and 35 92 020, the owner or
renter shall receive a credit equal to a nummum ten (10) percent rate reduction. The
City's nubhc works director will consider rate reductions in excess of ten (10) percent
depending upon the amount of rainwater harvested
43. The owner or renter of a single-family residential parcel of real property
qualifies under Resolution 980 for lifeline rates In such cases, the lifeline charge rate
for the qualifying customer shall be ninety-two cents ($0.92) per month, and basin -
specific charges pursuant to KCC 7 05 090 (13)(5) shall not be imposed
54 The owner of a parcel of real property has made improvements to
existing and natural watercourses which will result in the enhancement of water quality
or the restoration or enhancement of natural spawning or rearing areas These credits
shall continue so long as the owner or his agent satisfactorily maintains the
watercourse improvements Standards and criteria for establishing the amount of
reductions for such improvements shall be developed, with the assistance of a fisheries
biologist, and transmitted to the City Council for approval within one hundred eighty
(180) days of the adoption of this chapter
5 Rainwater Harvesting System —
Amendment to Ch. 7,05 KCC
63. Approved onsite retention systems in subsection (1) above, and
approved water quality enhancement efforts, in subsection (43) above, are found to be
mitigating measures pursuant to RCW 90.03 510 and thereby entitled to the credits
provided in this section
SECTION 3. — Severabih If any one or more section, subsections,
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 4. — Effective Date This ordinance shall take effect and be
in force thirty (30) days from and after its pa�Aage as provided by
ATTEST
BRENDA JACOBER, C170f CLERK
APPROVED AS TO FORM:
(W
TOM BRUBAKER, CITY ATTORNEY
MA
6 Rainwater Harvesting System —
Amendment to Ch. 7.05KCC
PASSED. 11 day of August, 2003
APPROVED /,? day of August, 2003
PUBLISHED. .23 day of August, 2003
I hereby certify that this is a true copy of Ordinance No Y654 passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated
(SEAL)
BRENDA JACOBB , CITY CLERK
Rainwater Harvesting System —
Amendment to Ch. 7.05 KCC