A. 
There is hereby imposed a system of daily charges on residential and commercial properties located within the boundaries of the city. The daily charge includes applicable taxes and is based on an equivalent residential unit or ERU. One ERU is equal to 3,000 square feet of impervious area. All residential properties are deemed to contain one ERU. Townhouses, condominiums, duplexes, tri-plexes and four-plexes are subject to the residential charge for each living unit.
B. 
Commercial properties containing more than 1,000 square feet of impervious area shall be subject to a minimum charge of one ERU. Commercial properties containing more than 3,000 square feet of impervious area shall be subject to a charge equal to the following formula:
C. 
Daily Commercial Stormwater Charge = (Property Impervious Area/3,000) * ERU Charge (effective for utility bills generated on or after December 1, 2023):
RATE
Equivalent Residential Unit (ERU)
$0.1266
D. 
Exempt Properties. The owners of the following properties are exempt from the charges imposed by this section:
1. 
All property defined "floodplain" by the FEMA Flood Insurance Rate Map within the Yakima River floodplain zone.
2. 
All vacant property.
3. 
All city streets, state highways, and railroads.
4. 
Airport runways, taxiways, hangars, and other buildings used primarily by airplanes.
5. 
Public streets owned by the Port of Benton.
(Ord. 5-98; Ord. 31-99; Ord. 12-00; Ord. 01-06; Ord. 12-07; Ord. 27-08; Ord. 2023-28 § 5)
Stormwater utility charges, as imposed by RMC § 16.08.010, shall be computed on a daily basis and shall be included as a separate charge listed on the city utility bill. Stormwater charges will be billed as follows:
A. 
To the active utility customer on commercial or residential rented or leased property, excluding apartments; or
B. 
To the owner when owner occupies a commercial or residential property; or
C. 
To the owner where stormwater is billed on an annual basis; or
D. 
To the owner when no other utility services are provided at a specific location or property; or
E. 
For apartments, to the active utility account for the property manager or the property owner.
Commercial stormwater charges not included in a monthly city utility bill and that are less than $40.00 per month will be billed on an annual basis.
The stormwater charge for the city-owned parking lots serving the Uptown Shopping Center and the parkway district shall be the obligation of the property owners located in those areas. The stormwater charges associated with these parking lots shall be divided amongst the property owners according to the proportion of each owner's square footage to the total privately owned square footage in the area.
The finance director, or his or her designee, is hereby authorized to administer the billing and collection of stormwater utility fees. In the event a property does not have utility service but is subject to charges imposed by this chapter, a new account shall be established and that property shall be billed separately for the stormwater utility charges. The finance director is directed to compile a list of all residential property owners or occupiers, commercial property owners and vacant land owners, as is necessary for determining utility charge liability under this chapter. The finance director is further directed to develop any rules and regulations which are consistent with this chapter and which are necessary for its administration. Collection and enforcement shall be as provided in the statutes of the state of Washington, Chapter 35.67 RCW et seq. as they currently exist or may hereafter be modified and construed.
(Ord. 5-98; Ord. 31-99; Ord. 12-00; Ord. 01-06; Ord. 12-07; Ord. 2022-29 § 25; Ord. 2023-28 § 5)
The proceeds from the charges imposed by RMC § 16.08.010 shall be used for stormwater conveyance system operation and maintenance, street sweeping, regulatory compliance, and planning, designing, and constructing drainage system improvements.
(Ord. 5-98; Ord. 12-07; Ord. 2023-28 § 5)
The stormwater utility may finance the construction, operation, maintenance, and preservation of stormwater infrastructure and related facilities through local improvement districts and utility local improvement district, or with the proceeds of revenue bonds, or any combination thereof. In addition, the utility, through appropriation by the city council, may use funds from general taxation, money received from the federal, state, or other local governments and other funds made available to it.
(Ord. 5-98; Ord. 2023-28 § 5)
Any developer using private funds to construct utility system improvements in the city or within the city's utility service area may request to enter into a latecomer agreement with the city in order to recover a pro rata share of the costs of construction from other property owners that will later derive a benefit from the utility system improvements made by the developer. The procedure for entering into such an agreement is administered by the city and provided in Chapter 3.10 RMC.
(Ord. 17-11 § 1.03; Ord. 2023-28 § 5)