Chapter 11.40
SURFACE WATER POLICY
Sections:
11.40.030 Developed properties.
11.40.035 Equivalent service units.
11.40.040 Undeveloped properties.
11.40.070 Residential parcels.
11.40.110 Service charge revenues.
11.40.130 Stormwater treatment with direct discharge.
11.40.010 Purpose.
In order to achieve a comprehensive approach to surface water management, the city and county should coordinate in the planning, project construction, facility maintenance and regulation of private and public developments. In addition, the utility should coordinate activities related to surface water management, including but not limited to basin planning, maintenance, operation, and construction of facilities and water quality control.
(Ord. No. 90-32, § 5(A), 2-13-90. Code 2001 § 16-96.)
11.40.020 Findings.
It is the finding of the city that many of the difficulties found in the management of surface water problems are contributed to by the general lack of public knowledge about the relationship between human actions and land use changes and surface water management. In order to achieve a comprehensive approach to surface water management the city should provide general information to the public about the use of land and human activities which impact surface water management. It is the finding of the city that public school districts can provide significant benefits to the city regarding surface water management through educational programs which provide students an appreciation for human activities and land use practices that create surface water problems and involve students by learning from first hand exposure, the difficulties of curing surface water management problems after they occur, through community activities related to stream restoration and enhancements.
(Ord. No. 90-32, § 5(B), 2-13-90. Code 2001 § 16-97.)
11.40.030 Developed properties.
It is the finding of the city that developed properties contribute to an increase in surface and stormwater runoff to the surface and stormwater management system, i.e., the city’s MS4. This increase in surface and stormwater runoff results in the need to establish rates and charges to finance the city’s activities in stormwater and surface water management. Developed properties shall be subject to the rates and charges of the surface water management utility based on their contribution to increased runoff. The factors to be used to determine the degree of increased surface and stormwater runoff to the surface and stormwater management system from a particular parcel shall be based on impervious surface area expressed as equivalent service units, as defined in FWRC 11.40.035.
(Ord. No. 19-877, § 1, 10-1-19; Ord. No. 90-32, § 5(C), 2-13-90. Code 2001 § 16-98.)
11.40.035 Equivalent service units.
It is the finding of the city that the rate structure developed under Ordinance 90-32 was based on tiers of percent impervious surface area and does not adequately correlate the impact of impervious surface to the stormwater drainage system and the rate structure perpetuates inequities among customers at the extreme ends of each tier; therefore, the storm and surface water utility charge will be assessed based on actual impervious surface area expressed as an equivalent service unit (ESU). An ESU shall be equal to the average amount of impervious surface area on single-family residential parcels within the city of Federal Way. Impervious surface area includes the single-family residence, driveway, walkway, paved areas, and other surfaces that do not allow penetration of stormwater runoff into the ground. The ESU value for the city of Federal Way has been calculated to be 3,200 square feet.
(Ord. No. 19-877, § 2, 10-1-19.)
11.40.040 Undeveloped properties.
It is the finding of the city that undeveloped parcels do not contribute to an increase in surface and stormwater runoff to the surface and stormwater management system. Undeveloped properties shall be exempt from the rates and charges of the surface water management utility.
(Ord. No. 90-32, § 5(D), 2-13-90. Code 2001 § 16-99.)
11.40.060 Open space.
It is a finding of the city that open space properties provide a benefit to the surface and stormwater management system by the retention of property in an undeveloped state. Open space properties shall receive a discount from the rates and charges to encourage the retention of property in the undeveloped state.
(Ord. No. 90-32, § 5(F), 2-13-90. Code 2001 § 16-101.)
11.40.070 Residential parcels.
It is a finding of the city that the majority of the parcels in the service area are residential. The variance between residential parcels in parcel size and percentage of impervious surface coverage is found to be minor and to reflect only minor differences in increased runoff contributions. The administrative cost of calculating the service charge individually for each residential parcel and maintaining accurate information would be very high. A flat charge for residential parcels is less costly to administer than calculating a separate charge for each parcel and is equitable because of the similarities in total parcel size and total impervious surface coverage between residential parcels. Therefore, residential parcels shall be charged a flat charge based upon the average parcel size and average percentage of impervious surfaces.
(Ord. No. 90-32, § 5(G), 2-13-90. Code 2001 § 16-102.)
11.40.100 Road systems.
It is a finding of the city that city, county and state roads contribute a significant amount of increased runoff to the surface and stormwater management system, which contributes to the need for basin planning, storm drainage control facilities and other related services. However, the city and county roads and state highway programs provide substantial annual programs for the construction and maintenance of storm drainage control facilities, and the roads systems and their associated storm drainage facilities serve as an integral part of the surface and stormwater management system. The rate charged city and county roads and state highways shall reflect the benefit which city and county roads and state highway facilities provide to the surface and stormwater management system and therefore will exclude any system costs associated with capital improvements and on-site retention/detention facility maintenance.
(Ord. No. 19-877, § 6, 10-1-19; Ord. No. 90-32, § 5(J), 2-13-90. Code 2001 § 16-105.)
11.40.110 Service charge revenues.
It is the finding of the city that comprehensive management of surface and stormwater runoff must include anticipation of future growth and development in the design and improvement of the surface and stormwater management system. Service charge revenue needs shall be based upon the present and future requirements of the surface and stormwater management system, and these needs shall be considered when determining the rates and charges of the utility.
(Ord. No. 90-32, § 5(K), 2-13-90. Code 2001 § 16-106.)
11.40.120 Basin plans.
It is the finding of the city that basin plans are essential to establishing a comprehensive approach to a capital improvement program, maintenance of facilities and regulation of new developments. A plan should analyze the measures needed to control surface and stormwater runoff which results from existing and anticipated development within the basin. The measures investigated to control runoff should include land use regulation such as setback requirements which revise land use densities as well as the use of drainage control facilities. A plan also should recommend the quantity and water quality runoff control measures required to further the purposes set forth in this division, and community goals. The institutional requirements, regulations including but not limited to land use management, funding needs, and incentives for preserving streams, lakes and wetlands for plan implementation should be identified in the plan.
(Ord. No. 90-32, § 5(L), 2-13-90. Code 2001 § 16-107.)
11.40.130 Stormwater treatment with direct discharge.
It is a finding of the city that any parcel or those portions of any parcel served by a stormwater treatment facility which has a current national pollutant discharge elimination system (NPDES) permit and which discharges its treated effluent directly into Puget Sound does not significantly contribute to the various problems created by increased runoff. Any parcel or portion of the parcel served by such a facility should be exempt from the rates and charges of this division.
(Ord. No. 90-32, § 5(M), 2-13-90. Code 2001 § 16-108.)