SNOHOMISH COUNTY COUNCIL Snohomish Count

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SNOHOMISH COUNTY COUNCIL Snohomish County, Washington NOTICE OF INTRODUCTION OF ORDINANCE AND NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Snohomish County Council will hold a public hearing on Wednesday, August 19, 2020, at the hour of 10:30 a.m., in the Henry M. Jackson Board Room, 8th Floor, Robert J. Drewel Building, 3000 Rockefeller Avenue, Everett, WA to consider proposed Ordinance No. 20-045. A summary is as follows: NOTE: Due to the federal, state, and local emergency response to COVID-19 and pursuant to Governor Inslee’s Proclamations 20-05, 20-25.7, and 20-28.7, the Council office is closed and hearings are being held remotely. If the proclamations, or any equivalent, remain in effect on the date listed above, the public hearing will be held via remote participation only. Please check the Council’s webpage (https://www.snohomishcountywa.gov/2288/Meetings-Webcasts) 24 hours prior to the public hearing for updated information or contact the Council Clerk at 425-388-3494 or email at contact.council@snoco.org. Zoom Webinar Information: Join online at https://zoom.us/j/99299642860 or by telephone call to 1-253-215-8782 or 1-301-715-8592. Meeting ID: 992 9964 2860. At the hearing, the Council may also consider alternatives/amendments to the proposed ordinance and may make any changes to the proposed system of assessment that in its discretion it deems necessary in accordance with RCW 85.38.160. ORDINANCE NO. 20-045 FINALIZING A SYSTEM OF ASSESSMENT FOR THE MARSHLAND FLOOD CONTROL DISTRICT PURSUANT TO CHAPTER 85.38 RCW Section 1. The Council hereby finds and determines that the proposed system of assessment for the District is in accordance with chapter 85.38 RCW and other applicable laws of the State of Washington, and that the proposed system of assessment described in Sections 2 and 3 is hereby finalized. Section 2. Assessment Zones. (1) The District is divided into three assessment zones; Zones 1, 2 and 3. (a) Parcels, or portions thereof, including public and private rights-of-way parcels, in Zone 1 are within the 100-year floodplain and are not riverward of the levee system. Zone 1 parcels, or portions thereof, receive full benefit of the operations and facilities of the District. (b) Parcels, or portions thereof, including public and private rights-of-way parcels, in Zone 2 are outside the 100-year floodplain and are not riverward of the levee system. Zone 2 parcels, or portions thereof, receive no direct flood protection, but do benefit from use of the other drainage operations and facilities of the District. (c) Parcels, or portions thereof, including public and private rights-of-way parcels, in Zone 3 are within the 100-year floodplain and outside the levee system of the District where they receive no benefit from District facilities. Zone 3 is a non-benefit zone. (2) The determination of whether a parcel, or portion thereof, is located in a particular zone shall be based on records and mapping of Snohomish County. Section 3. System of Assessment. (1) Zone 1 – Parcels, or portions thereof, including public and private rights-of-way parcels, in Zone 1 receive full benefit of District operations and facilities. Parcels, or portions thereof, within this zone will be assessed in the following manner: 70% of the assessment will be based on acreage and 30% will be based on impervious property improvements as determined from current County aerial imagery or physical inspection. (2) Zone 2 – Parcels, or portions thereof, including public and private rights-of-way parcels, in Zone 2 receive a lower level of benefit of District operations and facilities due to their elevation above the 100-year floodplain. Parcels, or portions thereof, within this zone will be assessed in the following manner: 100% of the assessment will be based on impervious property improvements as determined from current County aerial imagery or physical inspection. (3) Zone 3 – Parcels, or portions thereof, including public and private rights-of-way parcels, within this zone receive no direct benefit of District operations and facilities as they lie riverward of the levee system. Parcels in Zone 3 will not be assessed. (4) Improvements in Zones 1 and 2 – Improvements shall be defined to include constructed features that prevent or inhibit infiltration of water or cause water to run off in greater quantities or at a greater rate of flow than under natural conditions. Improvements shall include but not be limited to buildings, parking areas and compacted or paved roads and driveways. Parcels with improvements in a residential or agriculture land use code as defined by the Snohomish County property use codes 0XX, 1XX, 515, 8XX and 9XX shall be assigned 1 (one) Equivalent Residential Unit or ERU based on the statistical average of 6,500 square feet of impervious area. For commercial parcels with County property land use codes 2XX through 7XX (with the exception of 456 and 515) and all public and private right-of-way parcels not assigned a property use code, 1 (one) ERU will be equivalent to 6,500 square feet of impervious area with fractional ERUs rounded to two decimal places. The definition of impervious area shall be limited to paved surfaces, gravel surfaces, hard compacted dirt and non-raised, permanent structures (i.e. buildings). An exemption to the improvement assessment (ERU) will be given to commercial parcels and rights-of-way parcels for the portion of these parcels whose improvements drain to an engineered infiltration/retention facility approved by the governing jurisdiction.  Only improved areas within the parcels or right-of-way parcels that do not drain to the approved infiltration/retention facility will be assessed based upon ERUs defined by 6,500 square feet of impervious area with fractional ERUs rounded to two decimal places. (5) Assessment rates, expressed as amounts per $1,000 of revenue raised by the District, shall be as follows: (a) Zone 1 acreage assessment: $0.114871 per acre ($700 / 6,098.59 acres). (b) Zone 1 and 2 improvement assessment: $0.330138 per ERU ($300 / 908.71 ERUs). (6) The application of the system of assessment to generate $1,000 of revenue is as follows: Acreage in Zone 1 (6,098.59 acres total) $700 Improvement assessment in Zone 1 and Zone 2 (908.71 ERUs total) $300 TOTAL $1,000 Section 4. The District shall adopt an annual budget and special assessments based upon application of the finalized system of assessment sufficient to finance the adopted budget. The District is further directed to forward a copy of its resolution approving the budget, the budget and special assessments sufficient to finance the budget to the County Council and to the County Treasurer, in accordance with RCW 85.38.170. Section 5. As provided in RCW 85.38.170, the special assessments shall be collected by the County Treasurer. Notice of the special assessment due may be included in the notice of property taxes due, may be included on separate notice that is mailed with the notice of property taxes due, or may be sent separately from the notice of property taxes due. Special assessments shall be due at the same time property taxes are due and shall constitute liens on the land or improvements upon which they are imposed. Delinquent special assessments shall be foreclosed in the same manner, and subject to the same time schedules, interest and penalties as delinquent property taxes. The County Treasurer may impose a fee for collection of special assessments not to exceed one percent of the dollar value of special assessments collected. Section 6. This ordinance shall have a prospective effect and shall supersede the District’s system of assessment last finalized by Snohomish County Ordinance 15-029 adopted on June 3, 2015. Where to Get Copies of Proposed Ordinance: Documentation is available upon request by calling the Snohomish County Council Office at (425) 388-3494, 1-800-562-4367 x3494, TDD 1-800-877-8339, e-mail to Contact.Council@snoco.org. The proposed ordinance is also available on the Council’s webpage at https://snohomishcountywa.gov/2134/Council-Hearings-Calendar. If the Council office is closed due to the emergency response to COVID-19, copies will not be available for pickup until the office reopens. Public Testimony: All interested persons may provide public testimony at the time and place indicated above or by remote participation. Please send written testimony to Snohomish County Council, 3000 Rockefeller Ave., M/S 609, Everett, WA 98201; fax to 425-388-3496; or e-mail Contact.Council@snoco.org. Submitting testimony 24 hours prior to the hearing will ensure that testimony is provided to the Council and appropriate staff in advance of the hearing. American Disabilities Act Notice: For hearings held in the Council Board Room, accommodations for persons with disabilities are available upon request. Please make arrangements one week prior to the hearing by calling Elena Lao at 425-388-3494, 1-800-562-4367 x3494, TDD 1-800-877-8339, or e-mail elena.lao@snoco.org. QUESTIONS: For additional information or specific questions on the proposed ordinance please call Kent Barbeau in the Department of Public Works Surface Water Management Division at (425) 388-6459. DATED this 29th day of July, 2020 SNOHOMISH COUNTY COUNCIL Snohomish County, Washington /s/ Nate Nehring Council Chair ATTEST: /s/ Elena Lao Asst. Clerk of the Council 107027 Published: July 31; August 5, 2020. EDH904773
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