15.16.040 - EXEMPTION, CREDITS AND ADJUSTMENTS
A. Exemption. An exemption from the charge imposed in this chapter shall be granted to any low or moderate income housing project duly approved by the City Council pursuant to standards adopted therefor. B. Credits for Qualified Existing Stormwater Facilities. The City of Bellingham recognizes that some property owners have constructed private on-site stormwater quality and quantity mitigation facilities ("facilities"), which may aid the City in controlling the overall effects of stormwater pollution and those other problems necessitating that the City enact this chapter. Properties or portions of properties with facilities that meet one of the criteria listed below, to the City's satisfaction, shall receive a reduction of 20% from the monthly fee charged under BMC 15.16.030 as currently enacted or hereafter amended. 1. Any property with a properly maintained water quantity and quality facility that meets or exceeds the design requirements of the 1992 Department of Ecology Stormwater Technical Manual. 2. Any property that has an active and valid NPDES permit. A copy of the permit and the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the City. The property owner is responsible for providing all documentation necessary to demonstrate that the design and construction of any water quality and/or water quantity facility meets 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 property, the credit will be applied to only that affected portion. The property owner 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. Failure to maintain the facilities within 30 days after written notice may be cause for termination of the credit granted in this section. C. Credits for Qualified Existing Stormwater Facilities with Special Discharge Limits. Properties or portions of properties that have demonstrated compliance with the criteria listed within 15.16.040(B) and that meet one of the additionally listed criteria below, to the City's satisfaction, shall be eligible for a reduction of 70% of the monthly (prior to application of any reduction or credit) charged under BMC 15.16.030 as currently enacted or hereafter amended. This credit shall replace any credit that the property may be eligible for under 15.16.040(B). 1. Discharge of stormwater is directly to marine waters or waters under tidal influence with no connection to City systems, or 2. Discharge of stormwater is to an infiltration facility meeting the requirements of the Department of Ecology for stormwater treatment and groundwater protection. The facility shall be capable of fully infiltrating the one-hundred year developed storm within the subject property. Infiltration of stormwater shall not adversely affect surrounding or down gradient properties. The design, performance and construction shall be certified by a licensed and qualified engineer with the State of Washington. D. Public Education Credits. Publicly funded primary and secondary educational institutions that provide a curriculum in environmental science shall be eligible for a reduction of the monthly fee charged under BMC 15.16.030 as currently enacted or hereafter amended. The amount of the credit shall be established by contract between the educational institution(s) and the City; but in no case shall said credit exceed 70% of the amount of the monthly fee (prior to application of any reduction or credit) charged under BMC 15.16.030 as currently enacted or hereafter amended. The credit shall be calculated and applied after application of any other credit or adjustment from 15.16.040. the curriculum requirements shall be set forth in the contract and shall include, at a minimum, information on the cause and effects of stormwater pollution. E. Special Credits for Partially Pervious Gravel or Approved Pervious Surfacing. Those properties that utilize gravel or pervious surfacing materials and systems for parking, driving or storage surfaces will be charged the standard rate for those areas as an impervious surface. The property owner may apply to the City's Department of Public Works for a special credit for gravel-surfacing or other approved pervious surfacing systems if the total area of such surfacing within the property is greater than 6,000 square feet. The credit shall take one or two forms. 1. The property owner provides a letter of request along with mapping of their site which shows the location of surfacing for which a credit is desired, along with a quantified square footage of the area in question. The City will review the information provided for consistency with the original delineation of impervious area. If the information is found accurate and the total area eligible for credit is greater than 6,000 square feet a 20% credit will be applied to the area of the surfacing. The credit will be in the form of a reduction to the square footage used for fee determination. The property owner is responsible to apprise the City of changes to property that may affect any impervious surface determination or the amount or type of special credit. 2. The property owner provides a letter of request, mapping of their site, quantification of area and can demonstrate that the gravel or other pervious surfacing areas meet the following pervious performance standards: a. The gravel surfacing was designed and is maintained as a pervious pavement system in accordance with or exceeding the requirements contained in the DOE Stormwater Management Manual, current edition, or b. The gravel or pervious surfacing and underlying soils to the depth of one foot are shown, by testing, to have a surface infiltration rate of at least one-quarter inch per hour as certified by a geotechnical engineer AND the infiltration of water will not result in a violation of any applicable federal, state or local laws, rules or regulations regarding groundwater contamination. The special credit for demonstration of meeting pervious standards shall be a reduction to the impervious area of the site. The amount of reduction shall be 1/2 of the surface area(s) that meet the pervious criteria. The City may require recertification of the surfacing, for no cause, two years or more after the first pervious special credit has been given. If material changes have been made to the property, the City may require recertification at any time. Failure to recertify within 30 days of receipt of the City's letter of request to recertify will result in the loss of the pervious special credit. The property owner is responsible to apprise the City of changes to property that may affect any impervious surface determination or the amount or type of any special credit. [Ord. 2006-05-047; Ord. 2001-02-007; Ord. 10056 §1(part), 1990]
