Chapter 12.15
STORM DRAINAGE AND SURFACE WATER MANAGEMENT
Sections:
12.15.010 Utility established.
12.15.020 Powers and authority.
12.15.030 Assumption of responsibility.
12.15.034 Service charge credits.
12.15.035 Facility improvement credits.
12.15.037 Lien for delinquent charges and foreclosures.
12.15.038 Overpayment refund requests.
12.15.039 Administrative refunds or adjustments.
12.15.040 Interlocal agreement.
12.15.060 Presentation to City Council.
12.15.010 Utility established.
The City of University Place hereby establishes a storm drainage and surface water management utility to provide for the future operation and control of storm drainage and surface water management within the City and hereby exercises jurisdiction and control thereof.
(Ord. 57 § 1, 1995).
12.15.015 Definitions.
For the purposes of this chapter, the following additional definitions apply:
A. “Conveyance system nuisance problem” means a flooding or erosion problem that does not constitute a “severe flooding problem” or “severe erosion problem” and that results from the overflow of a constructed storm drainage system.
B. “Director” means the Director of Engineering or duly authorized representative.
C. “Homeowners’ association” or “association” shall have the same definition as described in RCW 64.38.010.
D. “Severe building flooding problem” means there is flooding of the finished floor area of a habitable building, or the electrical/heating system of a habitable building, for runoff events less than or equal to a 100-year storm event.
E. “Severe erosion problem” means there is an open drainage feature with evidence of or potential for erosion/incision sufficient to pose a sedimentation hazard to downstream conveyance systems or pose a landslide hazard by undercutting adjacent slopes. Severe erosion problems do not include roadway shoulder rilling or minor ditch erosion.
F. “Severe flooding problem” means a “severe building flooding problem” or a “severe roadway flooding problem.”
G. “Severe roadway flooding problem” means there is flooding over all lanes of a roadway, or a sole access driveway is severely impacted, for runoff events less than or equal to the 100-year event. A severely impacted sole access driveway is one in which flooding overtops a culverted section of the driveway, posing a threat of washout or unsafe access conditions due to indiscernible driveway edges, or flooding is deeper than six inches on the driveway, posing a severe impediment to emergency access.
(Ord. 707 § 1 (Exh. A), 2018).
12.15.020 Powers and authority.
The City of University Place hereby elects to exercise all lawful powers and authority for the construction, acquisition, and condemnation of property rights, maintenance, management, operations and regulation of storm drainage and surface water runoff systems including, without limitation, all lawful powers to fix, alter, regulate, and control the charges and conditions of the use thereof.
(Ord. 57 § 3, 1995).
12.15.030 Assumption of responsibility.
The City does not assume responsibility or control over past actions for loss or damages which have occurred and which may occur as a result of the operation of the existing storm drainage and surface water management system by the city of Tacoma and Pierce County and disclaims any responsibility therefor.
(Ord. 57 § 4, 1995).
12.15.032 Fees.
A. Annual storm drainage and surface water management fees shall be in accordance with the table below. The rate will increase 1.7 percent per year beginning in 2027 to account for inflationary cost adjustments normalized to development growth.
|
Land Use Category |
2024 |
2025 |
2026 |
2027 – 2043 |
Basis |
|---|---|---|---|---|---|
|
Residential per single unit (current) |
$222.17 |
$254.80 |
$289.84 |
+ 1.7% |
Per dwelling unit |
|
Duplex per duplex unit |
$286.61 |
$328.70 |
$373.90 |
+ 1.7% |
Per duplex |
|
Duplex/Condo |
$143.30 |
$164.34 |
$186.94 |
+ 1.7% |
Per duplex/condo dwelling unit |
|
Mobile Home Parks |
|
|
|
|
|
|
Minimum charge per unit |
$122.62 |
$140.63 |
$159.97 |
+ 1.7% |
Per occupied site, plus |
|
Gravel rate per sq. ft. |
$0.063179 |
$0.072458 |
$0.082423 |
+ 1.7% |
Per sq. ft. impervious |
|
Pavement rate per sq. ft. |
$0.084239 |
$0.096611 |
$0.109897 |
+ 1.7% |
Per sq. ft. impervious |
|
Building rate per sq. ft. (not including occupied site units) |
$0.084239 |
$0.096611 |
$0.109897 |
+ 1.7% |
Per sq. ft. impervious |
|
All Other Land Uses/Parcels (Multifamily, Commercial, Roads, Etc.) |
|||||
|
Gravel rate per sq. ft. |
$0.063179 |
$0.072458 |
$0.082423 |
+ 1.7% |
Per sq. ft. impervious |
|
Pavement/Building rate per sq. ft. |
$0.084239 |
$0.096611 |
$0.109897 |
+ 1.7% |
Per sq. ft. impervious |
B. The annual surface water management fee shall be calculated based on impervious area and parcel status as of January 1st each year. The surface water management fee shall be due on or before April 30th of each year and shall be paid together with payment of real property tax upon the parcel, if any, and shall be delinquent thereafter. Provided, that if real property tax upon the parcel payable in that year exceeds $30.00, and one-half of the tax, together with one-half of the surface water management fee provided by this section, is paid on or before April 30th of such year, the remaining one-half of the fee shall be due and payable on October 30th, next following, or at the time of payment of the remaining tax on the parcel, whichever is earlier, and shall be delinquent after that date. The surface water management fee shall be incorporated on the Pierce County real property tax statement.
C. System Development Charge (SDC). Starting in 2025, a system development charge shall be assessed to new development/redevelopment based on the proposed increase in impervious area or dwelling unit in accordance with the table below. This charge will be assessed at the time of permit issuance.
|
Land Use Category |
SDC |
Basis |
|---|---|---|
|
Residential per single unit (current) |
$550.00 |
Per dwelling unit |
|
Duplex per duplex unit |
$709.52 |
Per duplex |
|
Duplex/Condo |
$354.74 |
Per duplex/condo dwelling unit |
|
Mobile Home Parks |
||
|
Minimum charge per unit |
$303.56 |
Per occupied site, plus |
|
Gravel rate per sq. ft. |
$0.156405 |
Per sq. ft. impervious |
|
Pavement rate per sq. ft. |
$0.208540 |
Per sq. ft. impervious |
|
Building rate per sq. ft. (not including occupied site units) |
$0.208540 |
Per sq. ft. impervious |
|
All Other Land Uses/Parcels (Multifamily, Commercial, Roads, Etc.) |
||
|
Gravel rate per sq. ft. |
$0.156405 |
Per sq. ft. impervious |
|
Pavement/Building rate per sq. ft. |
$0.208540 |
Per sq. ft. impervious |
D. Parcel characteristics affecting the annual surface water management fee which are altered after January 1st of any year shall not be the basis for recalculation of the fee until the next year.
E. These rates shall be reviewed each biannual budget cycle to verify growth and inflation rates.
(Ord. 772 § 1, 2023; Ord. 707 § 1 (Exh. A), 2018; Ord. 538 § 1, 2008; Ord. 462 § 1, 2005; Ord. 427 § 1, 2004; Ord. 400 § 1, 2003; Ord. 355 § 1, 2002; Ord. 353 § 1, 2002; Ord. 328 § 1, 2001; Ord. 289 § 1, 2000; Ord. 256 § 1, 1999; Ord. 202 § 1, 1998).
12.15.034 Service charge credits.
A. Property owners with privately maintained storm drainage facilities meeting the criteria of this section may be eligible for a service charge credit. To qualify for this credit, the following must be completed before October 1st of the year preceding the year for which the owner is requesting credit. Service charge credits as provided for in this section will become effective January 1st of the following year.
1. Credit will apply to all categories listed in this section.
2. To qualify for a credit, the owner of record shall provide engineering calculations to the City in accordance with design criteria acceptable to the City and “as constructed” plans stamped and signed by the owner’s engineer to verify that the drainage system has adequate capacity to meet the design criteria for which the owner is requesting a credit. The owner’s engineer shall prepare and stamp an operation and maintenance manual for the owner to follow in maintaining any drainage facility. The City shall be provided a copy of the maintenance manual. New calculations, “as constructed” plans, and a maintenance and operation manual shall be prepared and stamped by the owner’s engineer if the drainage facility is increased or decreased in size from the original credit request.
3. Property owners not otherwise qualifying for credits as described in subsection (A)(2) of this section may qualify for a 10 percent credit when property storm drainage is managed by low impact development techniques as specified in the City’s stormwater regulations. Qualification of this credit will be based on the applicant’s ability to demonstrate their storm drainage facility meets current low impact development design criteria at the time of application for credit.
4. Annually, each owner of record shall provide to the City a certified statement by October 1st of the year preceding the year for which the owner of record is requesting credit on a form provided by the City verifying that all specified maintenance has been performed in accordance with the operation and maintenance manual prepared by the owner’s engineer. Once every five years, the certified statement shall be stamped and signed by the owner’s engineer.
5. Each owner of record shall provide a “hold harmless” statement on a form provided by the City that indemnifies the City from any loss incurred arising from the construction and maintenance and operation of the owner’s drainage facilities for both water quantity and quality runoff from the owner’s property. This statement shall be signed by the owner and will be recorded with the County Auditor by the owner of record. The owner of record shall provide the City a copy of the agreement with the County Auditor recording number stamped on it before the application will be deemed completed.
6. Each owner of record must enter into an agreement with the City that allows the City to enter onto the owner’s parcel to inspect the drainage facility and verify all information submitted by the owner and his/her engineer. The agreement form will be provided by the City. This agreement will be recorded with the County Auditor by the owner of record. The owner of record shall provide the City a copy of the agreement with the County Auditor recording number stamped on it before the credit application will be deemed completed.
7. Homeowners’ associations comprised of a minimum of 20 properties may provide the documentation required in this section, and other such documentation as may be required by the Director, on behalf of those properties within the homeowners’ association. Any submission by a homeowners’ association must include a complete list of property owners’ names and parcel numbers for any properties requesting the service charge credit.
8. The following credits shall apply to on-site improvements which in the opinion of the Director meet or exceed the following guidelines:
|
Infiltration Facility |
Percent Credit |
|
100-year storage |
25% |
|
50-year storage |
15% |
|
25-year storage |
10% |
|
|
|
|
Detention Facility Design Storm |
Percent Credit |
|
25% |
|
|
50-year |
15% |
|
25-year |
10% |
|
|
|
|
Low Impact Development |
Percent Credit |
|
LID credit |
10% |
B. The annual service charge credit will be calculated by multiplying the annual surface water management fee by the applicable credit percentages when all the conditions established for a service charge credit have been met.
In order to determine the credit percentage for a facility, the following shall apply:
1. For a facility whose year storage is not listed in this section, the next lower year storage category will be used.
2. The release rate shall be equal to or less than the predeveloped historic (forested) rates for each storm event up to the design event.
3. No credit shall be given for a facility with less than a 25-year storage.
(Ord. 772 § 2, 2023; Ord. 707 § 1 (Exh. A), 2018; Ord. 423 § 32, 2004; Ord. 256 § 2, 1999; Ord. 202 § 2, 1998).
12.15.035 Facility improvement credits.
A. Property owners constructing improvements to existing storm drainage facilities may be eligible for a facility improvement credit under this section. To qualify for this credit, the following must be completed before October 1st of the year preceding the year for which the owner is requesting credit. Facility improvement credits as provided for in this section will become effective January 1st of the following year.
1. Credits will apply to all improvements that provide public benefit as specified in this section.
2. To qualify for a credit, the owner of record shall provide to the City a description of the improvements and associated public benefit, documentation of improvement cost, and engineering calculations and “as-built” plans stamped and signed by the owner’s engineer to verify that the drainage system improvement provides the benefit and meets the criteria for which the owner is requesting a credit. The owner’s engineer shall prepare and stamp an operation and maintenance manual for the owner to follow in maintaining any drainage facility.
3. Annually, each owner of record shall provide to the City a certified statement by October 1st of the year preceding the year for which the owner of record is requesting credit on a form provided by the City verifying that all specified maintenance has been performed in accordance with the operation and maintenance manual prepared by the owner’s engineer.
4. Each owner of record shall provide a “hold harmless” statement on a form provided by the City that indemnifies the City from any loss incurred arising from the construction and maintenance and operation of the owner’s drainage facilities for both water quantity and quality runoff from the owner’s property. This statement shall be signed by the owner and will be recorded with the County Auditor by the owner of record. The owner of record shall provide the City a copy of the agreement with the County Auditor recording number stamped on it before the application will be deemed completed.
5. Each owner of record must enter into an agreement with the City that allows the City to enter onto the owner’s parcel to inspect the drainage facility and verify all information submitted by the owner and his/her engineer. The agreement form will be provided by the City. This agreement will be recorded with the County Auditor by the owner of record. The owner of record shall provide the City a copy of the agreement with the County Auditor recording number stamped on it before the credit application will be deemed completed.
6. Homeowners’ associations comprised of a minimum of 20 properties may provide the documentation required in this section, and other such documentation as may be required by the Director, on behalf of those properties within the homeowners’ association. Any submission by a homeowners’ association must include a complete list of property owners’ names and parcel numbers for any properties requesting the service charge credit.
7. The following credits shall apply to on-site improvements which in the opinion of the Director meet or exceed the following guidelines:
|
Improvement Public Benefit |
Percent Credit |
|
Major benefit |
75% |
|
Moderate benefit |
50% |
|
Minor benefit |
10% |
B. The annual facility improvement credit will be calculated by multiplying the annual surface water management fee by the applicable credit percentages when all of the conditions established for a facility improvement credit have been met.
In order to determine the credit percentage for an improvement, the following shall apply:
1. Improvements qualifying as a major benefit include improvements that eliminate a severe flooding problem, eliminate a severe erosion problem, provide water quality treatment to current standards for storm water draining to threatened or impaired water bodies, or any other improvement determined by the Director to be of comparable magnitude.
2. Improvements qualifying as a moderate benefit include improvements that eliminate a conveyance system nuisance problem, reduce the occurrence of severe erosion and/or flooding problems, provide water quality treatment to current standards for storm water draining to water bodies not included in subsection (B)(1) of this section, or any other improvement determined by the Director to be of comparable magnitude.
3. Improvements qualifying as a minor benefit include improvements that provide additional storm water conveyance capacity and/or water quality benefits not included in subsections (B)(1) and (2) of this section.
C. The credits set forth in this section may be aggregated with those credits set forth in UPMC 12.15.034; provided, however, that in the event that such credits exceed 100 percent, the credit shall be reduced to 100 percent.
D. The credits set forth in this section shall be eligible for five years up to the amount of the actual improvement cost attributed to each property.
(Ord. 707 § 1 (Exh. A), 2018).
12.15.036 Exemptions.
Low income seniors and disabled persons receiving relief under RCW 84.36.381 shall receive the following partial exemptions from surface water service charges:
A. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(a) shall be exempt from 40 percent of surface water fees.
B. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(b)(i) shall be exempt from 60 percent of surface water fees.
C. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(b)(ii) shall be exempt from 80 percent of surface water fees.
(Ord. 202 § 3, 1998).
12.15.037 Lien for delinquent charges and foreclosures.
A. Pursuant to RCW 36.89.090, the City of University Place shall place a lien on any parcel with a delinquent service charge, including interest thereon. Such liens shall be effective and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 through 35.67.290, except that the service charge lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the County Auditor, as provided for in RCW 36.89.093, in lieu of the provisions provided for in RCW 35.67.210. In accordance with RCW 36.89.094, the City may commence to foreclose a service charge lien after three years from the date surface water management charges become delinquent, in lieu of the provisions provided from in RCW 35.67.230.
B. Delinquent service charges shall bear interest provided in RCW 35.67.200, 36.89.090, and 36.89.092 at the rate of 12 percent per annum, or such rate as may thereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the charges regardless of when the charges were first delinquent.
(Ord. 256 § 3, 1999).
12.15.038 Overpayment refund requests.
Any person may request the refund of service charge overpayment(s) by doing so in writing to the Director of Community Development. The basis of the request explaining the nature of the overpayment should be clearly stated. The director shall investigate the request and authorize a refund or credit if he or she finds an overpayment to have occurred. The Director will use best efforts to notify the requesting party of his/her decision in writing within 60 days of receipt of the request. The Director will specify in the written decision the basis for authorizing or denying the refund request. No refund may be authorized for overpayment paid or levied more than three years prior to the date the written request is received.
(Ord. 423 § 33, 2004; Ord. 256 § 4, 1999).
12.15.039 Administrative refunds or adjustments.
The Community Development Director may authorize in writing, a refund, credit, or adjustment for any amounts when he or she determines that an error, miscalculation, or mistake has occurred which affects any ratepayer(s). The nature of the error, miscalculation, or mistake should be documented together with steps taken to prevent future occurrences. No refunds, credits, or service charge adjustments may be authorized pursuant to this section unless brought to the attention of the Director within three years of the occurrence of the error, miscalculation, or mistake. In any instance where a refund or credit is authorized by the Director, the amount shall not include any interest.
(Ord. 423 § 34, 2004; Ord. 256 § 5, 1999).
12.15.040 Interlocal agreement.
The City Manager is hereby directed and authorized to develop an interlocal agreement with Pierce County and the city of Tacoma for the transfer of all assets pertaining to said storm water utility now lying with the City of University Place or those which are necessarily part of the system, or alternatively, to develop an interlocal agreement for the mutual operation and support of the storm drainage and surface water management utility by the City of University Place and Pierce County lying within the drainage basins.
(Ord. 57 § 5, 1995).
12.15.050 Collection of fees.
The City Manager is hereby directed and authorized to collect the storm drainage and surface water management fees imposed hereunder in an orderly manner, by an agreement with Pierce County or the Pierce County Assessor.
(Ord. 57 § 6, 1995).
12.15.060 Presentation to City Council.
The City Manager is hereby directed to present to the City Council for its final approval the agreements for the continued operation of the storm drainage and surface water management utility within the City of University Place and for the collection of the fees thereof.
(Ord. 57 § 7, 1995).
12.15.070 Appeals.
A. A property owner or applicant may appeal a determination relative to an application for a credit issued under authority provided by this chapter, as set forth in this section.
B. The notice of appeal shall be filed within 14 days of service of the determination.
C. The notice of appeal shall be filed with the City Clerk and contain the following: (1) be conspicuously identified as a notice of appeal; (2) set forth a brief statement setting forth the legal interest of the appellants; (3) the specific order or action protested, together with any material facts claimed to support the contentions of the appellants; (4) the relief sought, and reasons why it is claimed, and why the protested action or notice and order should be reversed, modified or otherwise set aside; (5) the signatures of all persons named as appellants, and their official mailing addresses; (6) the verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal. No fee shall be required for the filing of the notice of appeal.
D. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Hearings Examiner. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the City Clerk, by mailing a copy addressed to each appellant at his or her address shown on the notice of appeal.
E. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not apply.
F. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal.
G. Within 10 business days following conclusion of the hearing, the Hearings Examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the denial or order of the City.
H. A decision by the Hearings Examiner under this chapter shall be final and conclusive unless, within 21 days from the date of the decision, a party makes application to a court of competent jurisdiction for appropriate relief.
(Ord. 707 § 1 (Exh. A), 2018).