Chapter 13.25
STORMWATER UTILITY

Sections:

13.25.010    Purpose.

13.25.020    Definitions.

13.25.030    Stormwater utility created.

13.25.040    Maintenance of city storm sewer facilities and assets.

13.25.050    Utility administration.

13.25.060    Service charge imposed.

13.25.070    System of rates and charges.

13.25.080    Billing and collection.

13.25.090    Appeal of charges.

13.25.100    Annual report to stormwater utility customers.

13.25.010 Purpose.

The city finds and declares that absent effective maintenance, operation, regulation and control existing stormwater drainage conditions in all areas within the city constitute a potential hazard to the health, safety and general welfare of the city. The city council further finds that natural and manmade storm sewer facilities and conveyances constitute a storm sewer system and that effective improvement, regulation, and control of stormwater through formation by the city of a stormwater utility requires the transfer to the utility of all storm sewer facilities and conveyances and related rights belonging to the city. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-010.]

13.25.020 Definitions.

For the purpose of this chapter, the following definitions shall apply. Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.

“BMP” means best management practices and water quality devices, structures and systems to improve stormwater quality as defined in Riverton City’s “Guidance Document for Stormwater Management.”

“City” means Riverton City, a municipal corporation of the state of Utah.

“City engineer” means an engineer hired by Riverton City and assigned to administer city stormwater utility systems or other designee appointed by the city manager.

“Council” means Riverton City council.

“County” means Salt Lake County.

“Customer” or “person” means any individual; public or private corporation and its officers; partnership; association; firm; trustee; executor of an estate; the state or its departments, institutions, bureaus, or agencies; county; city; political subdivision; or any other governmental or legal entity recognized by law.

“Developed parcel” means any parcel whose surface has been altered by grading, filling, or construction of any improvement.

“Discharge component” means a unit of measure which accounts for a parcel’s discharge of stormwater into the city stormwater system. The discharge component is calculated by finding the aggregate amount of impervious surface, divided by 2,744.

“Hard surface unit (HSU)” means a unit equaling 2,744 square feet of impervious surface.

“Impervious surface” means a parcel’s hard surface area that causes water to run off its surface in quantities or speeds greater than under natural conditions and discharge directly into the city’s storm sewer system. Some examples of impervious surfaces are rooftops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, and gravel that has been subject to surface traffic, including compacted gravel surfaces.

“Mitigation” means on-site facilities or practices which reduce stormwater quantity or improve stormwater quality.

“National Pollutant Discharge Elimination System (NPDES) Stormwater Regulations” means the provisions of the Federal Clean Water Act establishing specific permit requirements for the control of stormwater discharge.

“Parcel” means the smallest, separately segregated unit of land having an owner. A parcel has boundaries and surface area, and is documented with a property number by the county.

“Pollution component” means the pollutants commonly found in the stormwater discharged from a parcel of land or into the ground. A pollution component varies according to the use of a land parcel, therefore differing values will be assigned to a pollution component if the property is used for single-family residential, multifamily residential, commercial, institutional, industrial and agricultural purposes.

“Roadway use component” means the transportation activities which result from a particular use of land. A roadway use component varies according to the use of a land parcel. Values are assigned by use of the Trip Generation Manual, published by the Institute of Transportation Engineers.

“Single-family residential parcel” means any parcel of land containing a single-family dwelling unit.

“Storm sewer drainage system” means all manmade storm sewer facilities and conveyances, and natural stormwater systems owned or maintained by the city that store, control, treat, and/or convey stormwater.

“Storm sewer facilities” means any facility, improvement, development, or property made for controlling stormwater quantity and quality.

“Stormwater” means water produced by storms, surface drainage, snow and ice melt, and other water handled by the storm sewer drainage system.

“Stormwater Design Standards Manual” means Riverton City Stormwater Design Standards Manual maintained by the engineering division and approved by the city.

“Stormwater utility” or “utility” means the utility created by this chapter, which operates, maintains, regulates, and improves storm sewer facilities and programs within Riverton City.

“Undeveloped parcel” means any parcel that has not been altered by grading, filling, or construction. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-020.]

13.25.030 Stormwater utility created.

There is hereby created and established a stormwater utility and service charge rate structure. The utility will have regulatory authority and responsibility for planning, design, construction, maintenance, administration and operation of all city storm sewer conveyances and facilities. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-030.]

13.25.040 Maintenance of city storm sewer facilities and assets.

The utility shall operate, maintain, and improve all existing city storm drainage facilities used for the conveyance of stormwaters, through, under or over lands or watercourses, beginning at a point where the stormwaters first enter the storm sewer system of the city and ending in each instance at a point where the stormwaters exit from the system. Stormwater facilities do not include government-owned streets or those storm sewer facilities operated and maintained by, or for, the county or the state of Utah. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-040.]

13.25.050 Utility administration.

The storm sewer utility shall be administered by the city engineer. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-050.]

13.25.060 Service charge imposed.

All persons otherwise responsible for impervious surfaces within the city which contribute runoff to the stormwater system or who otherwise use or benefit from the stormwater utility of the city will be responsible for paying the stormwater utility fees. The base rate shall be as set forth in the Riverton City fee schedule. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-060.]

13.25.070 System of rates and charges.

(1) Service Fees Imposed. The city will impose storm sewer drainage fee rates and charges on each parcel of real property within the city except Riverton-owned facilities, public streets and stormwater facilities operated and maintained by or for the stormwater utility division, Salt Lake County or the state of Utah. The charges shall fund the administration, planning, design, construction, water quality programming, operation, maintenance, and repair of existing and future stormwater flood control and water quality facilities.

(2) Methods of Determining Benefit from Stormwater Utility.

(a) All city users of residential and nonresidential land benefit from city management of stormwater systems. This benefit is derived from the following three activities:

(i) A discharge component;

(ii) A pollution component; and

(iii) A roadway use component.

(3) Method of Determining Service Fee Rates. Storm drainage service fees shall be assessed on each parcel of real property within the city, except Riverton-owned facilities, public streets and state or county stormwater facilities. A base service fee rate shall be set forth in the Riverton City fee schedule. The base service fee shall be applied to fit the use of the city stormwater system by each parcel of real property within the city, according to the following formula:

(a) Stormwater Service Fee = DC*BR/3+PC*BR/3+RC*BR/3.

(b) The values used in the formula in subsection (a) of this section are defined as follows:

BR

= Base Rate

DC

= Discharge component, computed by the following formula: Idc*IA/HSU.

IA

= Impervious area, e.g., asphalt, concrete, bare compacted ground and equal engineering industry defined impervious surfaces.

Idc

= Discharge reduction factor in accordance to site runoff management investment in excess of minimum requirements. Reduction fee varies per runoff discharge reduction fee schedule.

Ipc

= Pollution reduction factor in accordance to site pollution management investment in excess of minimum requirements. Reduction fee varies per pollution reduction fee schedule.

LUpf

= Pollution factor for the following land uses, and assigned the following numeric values: Residential- 1; Commercial- 1.39; Institutional- 1.39; and Industrial- 2.31.

PC

= Pollution component, computed by the following formula: C=Ipc*LUpf*IA/HSU.

RC

= Roadway use component, computed by the following formula:

RC= (Veh/d)/Veh/dbu.

Veh/d

= Vehicles per day per land use, including traffic bypass factor reductions, as determined by the Trip Generation Manual, published by the Institute of Transportation Engineers, or by site-specific count in accordance to stormwater service fee program.

Veh/dbu

= ITE vehicles per day base unit.

(c) Undeveloped Parcels. Notwithstanding the application described in this subsection (3), undeveloped parcels shall have no charges assessed.

(4) Credits and Reduced Fees.

(a) Eligibility. Utility fee credits are available to nonsingle-family residential parcels, which exceed stormwater management requirements for quantity or quality of stormwater runoff as outlined in the “Riverton City Stormwater Design Standards Manual.”

(i) Developments, approved after January 19, 2009, must comply with the requirements of Chapter 13.20 RCC, Stormwater Ordinance. No credit shall be given for meeting these requirements. However, credits may be given for new developments with improvements or implemented BMPs which exceed stormwater management requirements.

(ii) Developments approved prior to January 19, 2009, may receive credits by reducing the quantity of stormwater runoff, or implementing best management practices (BMPs) to improve storm runoff quality, as described below.

(b) Credit for Reducing Discharge Component. Impervious surface size and the design features of stormwater detention present on site are directly related to volume runoff. A reduction of volume runoff by reduction of impervious surfaces, or by installation of retention systems in excess of city design standard minimums may entitle a land owner to a proportionate reduction in fees allocable to the discharge component. The amount of credit given may be up to 100 percent of the fees allocable to the discharge component.

(c) Credit for Reducing Pollution Component. A reduction of runoff pollution in excess of city design standard minimums may entitle a land owner to a proportionate reduction in fees allocable to the pollution component. Methods deployed or installed to reduce runoff pollution must exceed stormwater management requirements in force at the time of development approval. The amount of the quality credit may be up to 100 percent of the pollution component.

(d) Credit for Roadway Use Reduction. Credit may be awarded to reduction in roadway use by comparing site-specific traffic counts with the traffic count assigned to the applicable land use under the Trip Generation Manual, published by the Institute of Transportation Engineers, and awarding proportionate reductions, where appropriate, to sites showing traffic generation data which is below that assigned by the Trip Generation Manual. The amount of credit given may be up to 100 percent of fees allocable of the roadway use component.

(e) Credit Requests. The owner of a parcel, or agent, must make application for utility fee credit to the city engineer. If a request for mitigation credit is granted, the credit shall be applied to all charges from the time of the appealed billing, and will be reflected on the next billing.

(f) Low Income Relief. A single-family residential parcel owner who qualifies for the city’s low income relief, as determined by the city council and set forth by established city policy for low income relief, may also be eligible for a reduction in the service charge for their parcel. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-070.]

13.25.080 Billing and collection.

(1) Utility Enterprise Fund. This chapter creates the stormwater utility fund. All revenues received from storm drainage user fees shall be placed in the enterprise fund as a designated fund, to be left separate and apart from all other city funds. The collection, accounting, and expenditure of all stormwater utility funds shall be in accordance with the Utah Uniform Fiscal Procedures Act.

(2) Billing. The city shall bill, or cause to be billed, property owners for stormwater drainage utility services. Fees and charges shall be considered delinquent if not paid as determined by the procedures established by the city and will be a debt to the city, which shall be subject to recovery in a civil action. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-080.]

13.25.090 Appeal of charges.

Any customer who disagrees with the storm drainage user fee for his or her parcel may apply to the city engineer for a user fee adjustment. The adjustment request must state the grounds for adjustment and must be filed in writing with the city engineer no later than 30 days after receipt of billing. The city engineer shall review the request and basis for user charges to determine whether an error was made in the calculation or application of the fee. The city engineer may approve an adjustment to the fee.

An appeal of a city engineer’s decision may be brought before the city manager within 30 days after the date of the city engineer’s decision. The decision of the city manager shall be final and conclusive.

If an appeal of charges is successful, credit will be applied to all charges from the time of the appealed billing, and will be reflected on a future billing after the appeal is granted. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-090.]

13.25.100 Annual report to stormwater utility customers.

The city’s stormwater utility, acting through the citizen’s stormwater management advisory committee, shall cause to be completed an annual report on the stormwater utility which, if accepted, shall be presented for approval by the city council. This report shall summarize the financial activities of the utility and the major areas of expenditure, field activities, accomplishments, and the upcoming year’s priorities. [Ord. 21-09 § 1 (Exh. A); Ord. 10-08 § 1 (Exh. A). Code 1997 § 14-5-100.]