City of Washington, North Carolina
Stormwater Policy

Section 1. Findings and Purpose

The City of Washington City Council makes the following findings:

a. Storm water poses a serious threat to the public health, safety, and welfare. This threat cannot be eliminated entirely. Factors affecting this threat which are beyond the city's control include: frequency and intensity of precipitation events; the topography in and around the city; the types of soils and other geologic structures found in and around the city; body of law established under state and federal authority concerning water rights generally and including but not limited to navigable and non-navigable waters, surface waters, and underground waters; unauthorized interference with the city's storm water drainage system; the design and maintenance of those portions of the storm water drainage system constructed or maintained by others, including private parties and other governmental entities; and the amount of impervious surfaces associated with a given level of development.

b. The management of storm water can reduce the above described threat through the following:

1. Constructing, operating and maintaining needed facilities;

2. Regulating and controlling the use and development of land to reduce the adverse effects of storm water;

3. Equitably and adequately funding the stormwater management program by a system of charges that is related to the volume and quality of stormwater runoff from developed land.

Section 2. Definitions

As used in this policy, unless the context clearly indicates otherwise, the following definitions shall apply:

a. City shall mean the City of Washington.

b. Committee shall mean the Washington Stormwater Advisory Committee as established by this Policy.

c. Customer shall mean the person or firm to which a bill for stormwater service charges is sent.

d. Developed Land shall mean property altered from a natural state by construction or installation of more than 200 square feet of impervious surfaces.

e. Impervious Surfaces shall mean those areas within developed land which prevent or significantly impede the infiltration of stormwater into the soil. Common impervious surfaces include, but are not limited to, roof tops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, brick or concrete pavers, and other surfaces which prevent or significantly impede the natural infiltration of stormwater into the soil.

f. Non-Residential shall mean any developed land of over 200 impervious square feet and not fitting the definition of Residential defined by this Policy.

g. Public Works Director shall mean the Director of the City of Washington's Public Works Department or his designee.

h. Residential shall mean developed land containing one or more structures which are designed to provide living quarters for one or more persons and shall include houses, manufactured homes, mobile homes located on individual lots or parcels of land, mobile homes in mobile home parks, boarding houses, apartments, condominiums, attached houses, townhouses, and any other structure with a permanent residence.

i. Service Rate Charge shall mean the portion of stormwater service charges applicable to a parcel of developed land which is generally reflective of a parcel's impact on the cost of providing services and facilities to properly control stormwater runoff quantity and quality. The service rate charge will vary from one customer to another based upon the amount of impervious surfaces, within certain classifications as defined by this policy.

j. Undeveloped Land shall mean land that does not meet the definition of developed land.

Section 3. Systems Operation

a. Stormwater service charges will be determined and modified from time to time so that the total revenues generated by said charges will be used to pay those stormwater expenses as are reasonably necessary for payment of up to 100 percent of the operations and maintenance costs of City owned and maintained stormwater drainage system components and principal and/or interest on debt related to the capital construction of stormwater system components owned by and operated by the City of Washington as determined by the City Public Works Director. The modification of such stormwater service charges will be in accordance with state and local laws.

Section 4. Stormwater Service Charges

a. Stormwater service charges shall accrue beginning on July 1, 2002, and shall be billed periodically thereafter to customers for all developed land in the City. The stormwater service charges and the basis of the stormwater service charges shall be established by resolution of the City Council prior to July 1, 2002, in accordance with state and local laws and shall not exceed the system operation needs specified in Section 3 of this Policy.

Section 5. Exemptions and Credits Applicable to Service Charges

Except as provided in this section, no public or private property shall be exempt from stormwater service charges or receive a credit or offset against such service charges. No exemption or reduction in stormwater service charges shall be granted based on the age, tax or economic status, race or religion of the customer, or other condition unrelated to the cost of providing stormwater services and facilities.

a. The following exemptions shall be allowed:

1. Undeveloped land shall be exempt from stormwater service charges.

2. Public road rights-of-way which have been conveyed to and accepted for maintenance by the State of North Carolina , public streets and rights of way conveyed to and accepted for maintenance by the City of Washington, and those roads available for use in common by the general public for motor vehicle transportation shall be exempt from the stormwater service charge. This exemption shall not apply to any other uses of developed land for public purposes such as, but not limited to, offices, airports, maintenance yards, water and wastewater treatment plants, water reservoirs, parking lots or garages, parks, recreation facilities, libraries, schools, colleges, social service centers, public housing, hospitals, convalescent centers, and other developed land used for public purposes. This exemption shall not apply to internal site roadways within such public facilities. This exemption shall not apply to private roads or drives, or to internal roads, drives, and parking areas in privately owned properties.

3. Railroad tracks shall be exempt from stormwater service charges. However, railroad stations, maintenance buildings, or other developed land used for railroad purposes shall not be exempt from stormwater service charges.

4. Any property exempt by state or federal law from such charges.

5. Any property with a structure on it that is unoccupied and that does not have a current, existing City of Washington utility account in effect.

Section 6. Bills Mailed or Delivered - Assignment of Charges

a. A stormwater bill will either be sent through the United States mail or delivered by an alternate method, notifying each customer of the amount of the bill, the date the payment is due, and the date when past due. Failure to receive a bill is not justification for non-payment.

b. Stormwater service charges shall be applied per customer. The owner of each parcel of developed land, however, shall be ultimately obligated to pay such stormwater service charges if it is not paid by the customer.

c. Each residential customer who lives in a multi-family unit (i.e.: more than two attached dwelling units) will be charged the lowest residential service rate charge established by the City Council.

d. Each non-residential customer will receive a service rate charge based on the amount of impervious surface they occupy and use (e.g.: parking lots, storage buildings). Unless evidence to the contrary is provided by the land owner of the parcel which the non-residential customer is using, impervious surfaces that are not occupied structures will be allocated proportionally based on the amount of impervious surfaces covered by the occupied structures. In any case, however, each non-residential customer shall be charged no less than the lowest non-residential rate established by the City Council.

e. Each non-residential property or residential property that does not have a current utility account with the City of Washington will be billed directly to the owner of the parcel of land. In other words, the landowner becomes the customer.

f. Where there is a mix of non-residential and residential uses on the same land parcel and/or in the same building, the non-residential use shall be billed at the non-residential rate and the residential use shall be billed at the residential rate established by the City Council.

Section 7. Billing, Payment, Penalties

a. All stormwater service charges shall be billed monthly, and bills shall be mailed on a cycle basis; and

b. Every bill shall be due when mailed to the customer at the last address provided by the customer. A bill shall reflect a due date of ten (10) days from the billing cycle shown on the bill.

c. A late payment penalty in the amount of five (5) percent per month shall be imposed upon any outstanding unpaid balance twenty-five (25) days after the billing date shown on the bill. The late payment penalty will be reflected on the bill rendered the following month.

d. An automated telephone reminder system will attempt to contact all delinquent accounts prior to disconnection as a courtesy if the customer has provided a phone number.

e. Any customer who has a check or draft returned from any financial institution because of insufficient funds or a closed account shall be charged a service fee in accordance with N.C.G.S. 25-3-512.

f. If the customer does not inform the City of Washington Customer Service Office of any complaint concerning accuracy of the bill(s) constituting the past due balance, and if the customer does not pay the past due balance within thirty-two (32) days from the most recent billing date, the account is delinquent and the city may pursue such remedies as are available.

Section 8. Complaints Regarding Bill

a. A customer having a complaint about a bill should file written or verbal notice with the City of Washington Customer Service Department. If it is determined that the bill is in error, an adjustment will be determined by the Public Works Director based upon such evidence as he (or she) deems appropriate.

Section 9. Backbilling and Adjustment of Bills

a. If the City determines that is has overcharged or undercharged a customer on account of its error, the City shall refund or recover the difference subject to the following:

1. The adjustment period shall be limited to the lesser of the actual period during which the error occurred or twelve (12) months; and

2. The amount of adjustment shall be determined by the Public Works Director based upon such evidence as he (or she) deems appropriate; and

3. Any overcharge may be either refunded or credited to the customer and any undercharge shall be billed to the customer

b. If the City determines that it has undercharged a customer on account of any unlawful or materially misleading act of such customer, the undercharge shall be determined and collected as set out above except that the adjustment period shall be the greater of the actual period during which the error occurred (up to thirty-six (36) months) or twelve (12) months, if the adjustment period cannot be determined. The City shall in addition to collecting such undercharge, have the right to take other action against such customer as is permitted by law.

Section 10. Charge, Duties, and Representation of the Committee

a. The committee shall have the following charges and duties:

1. Policy. Review and recommend to the City Council stormwater management policies, policy changes, long-range plans, and their budgetary and rate impacts.

2. Capital Improvements. Review and comment to the City Council on capital improvement programs. These capital improvement programs should be reviewed and evaluated on the basis of a comprehensive stormwater quantity and quality management program in the City of Washington.

3. Council and Staff Resource. Respond to City Council and staff requests for advice on matters related to the comprehensive stormwater quantity and quality management program in the City of Washington

b. Committee members shall be appointed by resolution of the City Council and shall have terms of one (1) year. The Mayor, City Manager, City Planning and Community Development Director and the City Public Works Director will serve as ex officio members of the Committee.

Section 11. Limitations of Responsibility

a. The city's acquisition of storm drainage easements and/or the construction, maintenance or repair by the city of drainage facilities does not constitute a warranty against stormwater hazards including, but not limited to, flooding, erosion, or standing water. Only drainage ways owned and maintained by the City of Washington shall be financed operated, and/or maintained with revenues from the Stormwater Service Charges identified in this Policy.

Section 12. Interpretations to This Policy

a. In the event interpretations of this policy are deemed necessary, the City Manager may make such interpretations to provide additional administrative detail and clarity so that the spirit of this policy shall be observed, and public safety and welfare secured.

Section 13. Severability

a. If any section of this policy is held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and remain in effect.

This policy shall become effective on July 1, 2002.