Chapter 13.32
STORM DRAINAGE UTILITY
Sections:
13.32.010 Council findings of fact.
13.32.020 Purpose.
13.32.030 Definitions.
13.32.040 Adoption of plan.
13.32.050 Created.
13.32.060 Administration.
13.32.070 Disposition of funds.
13.32.080 Rates.
13.32.090 Policy for service charges.
13.32.100 Method of calculating service charges.
13.32.010 Council findings of fact.
The city council finds as follows:
A. The city council has determined that storm drainage and surface water runoff within the city must be controlled in a manner that mitigates damage to property erosion of soil and restriction of natural or manmade watercourses due to unrestricted sedimentation;
B. The funding for storm drainage and surface water control in the city needs to meet current and future needs to protect private and public property from damage caused by urban storm water runoff;
C. The existing storm drainage and surface water runoff facilities must be adequately maintained, operated and replaced through a funding program that is fair and equitable;
D. That the extent of impervious groundcover increasing the amount and rate of storm drainage or surface water runoff from a parcel of property is, therefore, the primary factor determining an individual property’s contribution to the flow rate and quantity of runoff from such property into the city’s storm drainage and surface water control system;
E. That all developed real property within the corporate boundaries of the city contributes runoff to the city’s storm water drainage system and that all developed property benefits from the storm water management efforts of the city and should participate financially in the payment of all expenses for administration, maintenance, operation and improvement of such storm water drainage system;
F. The city has retained Parametrix and their subconsultant Financial Consulting Solutions Group, Inc., to develop a financial and management analysis of storm drainage and surface water needs for the city, including evaluation of revenue sources to meet these needs. Their analysis is documented in the 2005 Storm Drainage Comprehensive Plan;
G. The city filed an application with the Washington State Department of Ecology for a Municipal Stormwater National Pollution Discharge Elimination System permit as required by law in March, 2003, and will receive a permit in March, 2006. Under this permit, the utility will be required to add programs and enhance some of the utility’s operations and maintenance functions;
H. The city encourages the use of low impact development “(LID).” By keeping the amount of impervious surface to a minimum, amending soils and utilizing the natural absorption and cleansing abilities of the soil to detain and treat storm runoff, the use of LID strategies produces cleaner and cooler runoff water than is normally obtained using conventional treatment facilities and provides for groundwater recharge that is more representative of historic natural conditions. (Ord. 2143 § 1 (part), 2005)
13.32.020 Purpose.
It is the purpose of this chapter to establish a funding methodology to provide financing for planning, development, management, operation, maintenance, use and alteration of the storm drainage and surface water runoff system in the drainage basins of the city, as specified in and pursuant to chapters 35.67 and 39.34 RCW, and Article 11, Section 11 of the Washington State Constitution, in order to maintain their hydrologic balance, minimize property damage, promote and protect the public health, safety and welfare of the community, minimize water quality degradation by preventing siltation and erosion of the city’s waterways, ensure the safety of city streets and rights-of-way, increase educational and recreational opportunities, encourage the retention of open space and foster any other beneficial public uses. (Ord. 2143 § 1 (part), 2005)
13.32.030 Definitions.
For the purposes of this chapter, the words or phrases below shall have the following meanings:
A. “City” means the city of Sumner, Washington, or as indicated by the context, may mean the public works department, public works director, public works superintendent, city clerk, city engineer or other employee or agent representing the city in the discharge of his or her duties.
B. “Detention facilities” means facilities designed to hold runoff for a short period of time and then release it to the natural watercourse.
C. “Developed” means that condition of real property altered from its natural state by the addition to or construction on such property of impervious groundcover or other manmade physical improvements such that the hydrology of the property or the portion thereof is affected.
D. “Drainage basin plan” means the plan adopted by ordinance for managing storm drainage and surface water runoff facilities and features within the city’s drainage basins.
E. “Equivalent service unit (ESU)” means and is equal to 2,400 square feet of impervious groundcover to be used by the city in assessing the service charges against each parcel of property.
F. “Impervious surface” means those hard surfaced areas either which prevent or greatly retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, including such surfaces as roof tops, asphalt or concrete paved surfaces such as driveways, parking lots, walkways, patio areas, storage areas or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. Graveled or rock surfaces for parking lots, storage areas, driveways and other uses whether existing or approved and constructed under present city standards are considered pervious as related to calculating rates and fees for the storm water utility.
G. “Low impact development” is a storm water management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrolic functions.
H. “Low impact storm water facilities” as used in this chapter refer to storm water facilities constructed in accordance with the city’s engineering standards and development standards for low impact development. These standards are applicable to development on the valley floor within the Puyallup River Watershed within the city of Sumner.
I. “Residence” means a building or structure or portion thereof, designed for and used to provide a place of abode for human beings. The term residence includes the term “residential” and “residential unit” as referring to the type of or intended use of a building or structure.
J. “Retention facilities” means a structure designed to hold water for a considerable length of time and then consume it by evaporation, plants or infiltration into the ground.
K. “Service charge” means the fee levied by the city upon all developed real property within the boundaries of the city as authorized by SMC 13.32.050.
L. “Single-family residential property or parcel” means any property or parcel which contains one residential unit which is within the same structure. Properties or parcels which contain more than one residence or residential unit shall be classified as non-single-family residential properties or parcels.
M. “System” means the entire system of storm drainage and surface water runoff facilities owned by the city or over which the city has right of use for the movement and control of storm drainage and surface water runoff, including both naturally occurring and manmade facilities.
N. “Undeveloped” means that condition of real property unaltered by the construction or addition to such property by man of impervious groundcover or physical manmade improvements of any kind which change the hydrology of the property from its natural state. (Ord. 2143 § 1 (part), 2005)
13.32.040 Adoption of plan.
The Storm Drainage Plan Phase I Report and the Storm and Surface Water Utility Development Report prepared by URS, copies of which are on file in the office of the city clerk, was adopted. (Ord. 1374, 1986). The Stormwater Comprehensive Plan prepared by Parametrix, dated January 1992, copies of which are on file in the office of the city clerk, was adopted (Ord. 1898, 1993). The Stormwater Comprehensive Plan Update prepared by Parametrix, Inc. dated September 2005, was adopted (Ord. 2050, 2005). (Ord. 2143 § 1 (part), 2005)
13.32.050 Created.
There is created and established a storm drainage utility and corresponding storm drainage fund for the city. The city elects to exercise all lawful powers necessary and appropriate to the construction, purchase, condemnation, acquisition, maintenance, management, operations and regulation of the storm drainage and surface water runoff system, as defined in this chapter, including, without limitation, all lawful powers to fix, alter, regulate and control the rate charges and conditions for the use thereof. (Ord. 2143 § 1 (part), 2005)
13.32.060 Administration.
A. The storm drainage utility created in this chapter shall be administered by the department of public works in such a manner as the city council shall provide by ordinance, resolution or directive.
B. The storm drainage utility shall define and prepare cost estimates associated with its creation, administration, operation and maintenance of the drainage program for the city and develop a specific system and structure of rates for review and approval by the city council. The storm drainage utility shall develop procedures and mechanisms for the billing, collection, and administration of said service charges established under this chapter. (Ord. 2143 § 1 (part), 2005)
13.32.070 Disposition of funds.
All funds from the storm drainage utility shall be deposited to the storm drainage fund as specified in this chapter. (Ord. 2143 § 1 (part), 2005)
13.32.080 Rates.
The specific rates, charges and procedures for collection, administration and disposition of revenues shall be established by the city council under a separate ordinance. (Ord. 2143 § 1 (part), 2005)
13.32.090 Policy for service charges.
A. It shall be the policy of the city that the rate structure to be applied in establishing the amount of the service fee assessed against each parcel of developed real property within the corporate limits of the city shall be based upon the amount of impervious surface contained within each parcel of property as measured by the provisions of SMC 13.32.100, except for those properties exempt from charges as set forth in this section.
B. The following special categories of property are exempt from service charges:
1. City streets and pedestrian facilities within rights-of-way; parks and open space including golf courses and cemeteries;
2. All federally owned lands located within the corporate limits of the city;
3. All undeveloped parcels of land;
4. Agricultural land including farms, orchards, pasture and timber land. (Ord. 2143 § 1 (part), 2005)
13.32.100 Method of calculating service charges.
A. Each single-family residential parcel in the city is designated as a single ESU irrespective of the size of parcel or the amount of impervious or effective impervious area on such parcel, until such time as the parcel is segregated or the use of the land is modified to other than single-family.
B. Each multifamily dwelling unit in the city is designated as 0.80 ESU irrespective of the size of parcel or the amount of impervious or effective impervious area on such parcel beginning with duplex units and up in the number of units per building or parcel.
C. The city shall measure the impervious surface or effective impervious surface of all “nonresidential” and “developed” parcels in the city except those exempt from this chapter as set forth in SMC 13.32.090. The rate will be calculated by multiplying the number of ESUs times the residential base rate and adjusted for any applicable credit in accordance with SMC 13.36.060. Each developed, non-exempt parcel of property shall be deemed to contain a minimum of one ESU.
D. In accordance with the policy established in SMC 13.32.090 that the service charges shall be determined by the amount of impervious groundcover contained on each parcel of real property, those properties remaining in an undeveloped condition are deemed not to make use of the services of the drainage system or of the facilities of the system beyond that used by such property in the natural state. Therefore, no service charge shall be imposed upon that real property within the boundaries of the city which is undeveloped. (Ord. 2143 § 1 (part), 2005)