Chapter 14.26


14.26.005    Purpose – Findings.

14.26.010    Potential hazard declared.

14.26.020    Storm and surface water management utility created – Responsibilities.

14.26.030    Property transferred to utility.

14.26.040    Storm water system.

14.26.050    Utility administered by public works director.

14.26.060    System of charges.

14.26.070    System development charge.

14.26.080    Protests to fees and charges.

*Prior legislation: Ords. 2383, 2384, 2423, 2495, 2520, 2536 and 2588.

14.26.005 Purpose – Findings.

The city finds and declares:

(1) All real property in the city contributes runoff to the common storm and surface water problem, and all real property in the city benefits from the storm and surface water utility of the city;

(2) The development of real property, as measured by the square footage of hard surface area, is an appropriate basis for the determination of an individual parcel’s contribution to the problem of storm and surface water runoff. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2593 § 1, 1999).

14.26.010 Potential hazard declared.

The city finds and declares that absent effective maintenance, operation, regulation and control, existing storm water drainage conditions in all drainage basins 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 water facilities and conveyances together constitute a storm water drainage system, and that effective regulation and control of storm water through formation, by the city, of a storm and surface water utility requires the transfer to the utility of all storm water facilities and conveyances and related rights belonging to the city. (Ord. 2593 § 1, 1999).

14.26.020 Storm and surface water management utility created – Responsibilities.

There is created and established pursuant to Chapters 35A.80 and 35.67 RCW, and Article 11, Section 11 of the Washington State Constitution, a storm and surface water utility. All references to “the utility” in this chapter refer to the storm and surface water utility. The utility will have authority and responsibility for planning, design, construction, maintenance, administration and operation of all city storm water conveyances and facilities. (Ord. 2593 § 1, 1999).

14.26.030 Property transferred to utility.

Title and all other incidents of ownership of the following assets are hereby transferred to and vested in the utility: all properties, interests and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm water, further including, without limitation, all properties, interests and rights acquired by adverse possession or by prescription, directly or through another, in and to the drainage or storage, or both, of storm waters, through, under or over lands, watercourses, sloughs, streams, ponds, lakes and swamps, all beginning in each instance at a point where storm waters first enter the system of the city and ending in each instance at a point where the storm waters exit from the system of the city, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 2593 § 1, 1999).

14.26.040 Storm water system.

There is specified and adopted as the original system and plan of the utility, including a declaration of the estimated costs thereof, the city of Puyallup comprehensive trunk storm drainage plan, first adopted by motion of the city council on September 2, 1980. (Ord. 2593 § 1, 1999).

14.26.050 Utility administered by public works director.

The utility shall be administered by the director of public works. (Ord. 2593 § 1, 1999).

14.26.060 System of charges.

There is imposed a system of rates and charges on each parcel of real property within the city served by or to which is available for service the utility established by this chapter. The charges are found to be reasonable and necessary to fund the current administration, planning, design, construction, operation, maintenance and repair of existing storm and surface water facilities; provided, however, that the city reserves the right to fix, alter, regulate and control the rates and charges. The rates are described in Chapter 14.01 PMC. State of Washington limited access highways shall be charged consistent with this chapter and Chapter 90.03 RCW. (Ord. 2593 § 1, 1999).

14.26.070 System development charge.

Each new configuration of development within the city of Puyallup shall pay a system development charge (SDC). System development charges include pro rata shares of the costs of existing and planned facilities. Revenues from system development charges minimize the impact to existing customers to construct new facilities required to accommodate growth. System development charges are stated in terms of a cost per ESU (equivalent surface unit) and are specified in the 2010 Water, Sewer, and Storm and Surface Water System Development Charges Study. Each new connection to the storm water system shall pay a system development charge calculated by multiplying the SDC rate ($/ESU) as specified in the most recent budget adopted by the city council by the number of ESUs associated with the property.

One ESU (equivalent surface unit) is equal to 2,800 square feet of hard surface area as described in PMC 14.01.010.

The system development charges identified in this section shall be paid prior to the issuance of a project’s site development permit, or, in the case of a single-family or duplex residential project, prior to the issuance of the building permit.

If a site development permit has been issued without payment of the system development charges identified in this section, the system development charges shall be paid prior to issuance of a project’s building permit(s). (Ord. 3130 § 1 (Exh. A), 2016; Ord. 3115 § 1, 2016; Ord. 2965 § 2, 2010; Ord. 2806 § 1, 2004; Ord. 2593 § 1, 1999).

14.26.080 Protests to fees and charges.

(1) If any customer is dissatisfied with a fee or charge imposed in this chapter, the customer may file a written protest with the public works director setting forth their objections, provided such protest is filed within 15 calendar days of the assessment of the fee or charge.

(2) Upon receipt of any such protest, the public works director or a designee shall, within 15 calendar days, make a determination in writing as to the correctness of the fee or charge. The director’s determination shall be limited to considering whether the fee is correctly calculated. Any adjustment proposed by the director for any other purpose must be approved by city council.

(3) If the customer is dissatisfied with the director’s determination, the customer may appeal to the Puyallup hearing examiner pursuant to the provisions of Chapter 2.54 PMC, provided such appeal is filed within 10 calendar days of receipt of the public works department’s decision. Any decision of city council regarding any adjustment made or denied pursuant to subsection (2) of this section shall not be appealable except as may be allowed under state law. (Ord. 3202 § 1, 2019; Ord. 2593 § 1, 1999).