Chapter 13.04
STORM DRAINAGE UTILITY
Sections:
13.04.020 Creation of storm drainage utility—Purpose.
13.04.040 Violations—Penalties.
13.04.050 Storm drainage system defined.
13.04.060 Transfer of storm drainage system from street department to storm drainage utility.
13.04.080 Damage to system prohibited.
13.04.090 Trespassing prohibited.
13.04.110 Cross-connections prohibited.
13.04.120 Trees or shrubs obstructing storm sewers prohibited.
13.04.150 Connection procedures—Permit.
13.04.160 Inoperative or inadequate storm sewer.
13.04.170 Emergency call-outs.
13.04.180 Property owner responsible for private storm drainage systems and connections.
13.04.210 Monthly service charges.
13.04.220 General facilities charges (GFCs).
13.04.230 Fee adjustments and appeals.
13.04.010 Definitions.
All terms used in this chapter are defined in Section 13.02.010. (Ord. 1969-0321 § 2, 2021; Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.020 Creation of storm drainage utility—Purpose.
For the purpose of carrying out the provisions of this chapter, there is created and established a storm drainage utility for the city pursuant to Chapter 35.67 RCW. The primary purpose of this utility shall be the responsibility for the planning, design, construction, maintenance, administration, and operation of all city storm and surface water facilities and for the overseeing of the design, construction, and maintenance of improvements on private property where these may affect storm and surface water management. The city council is authorized to make funds available by appropriation, borrowing, or by other means in accordance with laws of the state, for the establishment, maintenance and operation of this utility. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.030 Administration.
The regulation of this chapter shall be under the supervision of the city manager; provided, however, that the city manager may delegate the duty of enforcing the provisions of this chapter to other designees. The city manager or other designees may make such administrative determinations for the proper operation of this chapter; provided, that said determinations are not contrary to this chapter. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.040 Violations—Penalties.
A. Criminal Penalty. Any person who willfully violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter or its provisions shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not in excess of one thousand dollars or by imprisonment in the jail for not to exceed ninety days or by both such fine and imprisonment. Each day that a violation exists shall constitute a separate offense.
B. Civil Remedy. In addition to the foregoing criminal remedy, the violation of any of the provisions of the ordinance codified in this chapter is deemed to be a nuisance and threatening to the health and safety of the citizens of Shelton. The city may utilize any civil remedy available to it under the laws of the state of Washington to enforce these provisions, including injunctive relief.
Furthermore, any person violating any of the provisions of this chapter shall become liable to the city for any direct or indirect expense, loss or damage occasioned the city by reason of such violation.
C. Administrative Procedure. The city may choose to give notice to any person violating any provision of this chapter, stating the nature of the violation and giving a reasonable time limit for satisfactory correction thereof. The offender shall permanently cease all violation and make the necessary correction within the time given. This administrative procedure shall be at the city’s option. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.050 Storm drainage system defined.
The city council declares that the “storm drainage system” shall be defined as follows: natural and manmade city-owned storm drainage facilities used for the conveyance and/or storage or water quality treatment of storm and surface water within the boundaries of the city including, without limitation, all such properties, interests and rights acquired by adverse possession or by prescription. The definition also includes the conveyance or storage of storm and surface waters that flow through, under, or over lands, landforms, watercourses, sloughs, streams, ponds, rivers, lakes and swamps, beginning at a point where storm and surface waters enter the city system and ending at a point where such storm or surface waters exit from the city’s storm and surface water system, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.060 Transfer of storm drainage system from street department to storm drainage utility.
The city council expressly finds that the value of the existing public storm drainage system, as defined in Section 13.04.050, is equal to the value of release from the primary responsibility of the street department, insofar as they relate to or concern storm or surface waters, and they are transferred to and subject to the administrations of the utility created by this chapter and, therefore, the street department is released from such primary responsibility. (Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.070 Applicability.
The provisions of this chapter shall apply to all sewer services provided, and to all work performed, by the city as it pertains to the city’s storm drainage system. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.080 Damage to system prohibited.
A. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public storm drainage system.
B. Besides any other penalties imposed by this chapter, any person causing damage to any property belonging to the city shall be liable to the city for any and all damages resulting either directly or indirectly therefrom. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.090 Trespassing prohibited.
It is unlawful for any person to trespass or be upon the lands and premises of the city, lawfully enclosed by fences, upon which any public storm drainage facility is situated, unless duly authorized by the city. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.100 Inspection.
Duly authorized and properly identified city employees shall have the right to access any person’s property at all reasonable times for the purpose of inspecting private storm drainage systems for compliance with the provisions of this chapter; and for inspecting, testing or repairing any part of the public storm drainage system on private property. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.110 Cross-connections prohibited.
The installation or maintenance of any cross-connection pertaining to the connection between any storm drainage system and any sanitary sewer system is prohibited. Any such cross-connection(s) now existing or hereinafter installed are a nuisance and shall be abated immediately. If, after proper notice, the property owner does not abate the cross-connection as directed by the city, then the city shall have the authority to abate such cross-connection(s) and bill the property owner for all reasonable costs. Any delinquent payments shall constitute a lien upon the property where such cross-connection(s) were abated. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.120 Trees or shrubs obstructing storm sewers prohibited.
It is unlawful to plant or maintain any tree or shrub whose roots are likely to enter and obstruct public or private storm drainage sewers. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.130 Water quality.
A. It is unlawful for any person to discharge into the public storm drainage system directly or indirectly any liquid or solid foreign substances of biodegradable or other nature which shall cause the water quality standards adopted by the city to degrade below such adopted standards unless the discharge is the result of normal operation of public or private parking lots or streets.
B. Products of erosion shall be prevented from entering the public drainage system at all times, both during construction and the subsequent operation of any activity. All trash and debris shall be prohibited from entering any public drainage system. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.140 Easements.
All public storm drainage systems shall be required to be located within a recorded public storm drainage easement or public right-of-way. An unobstructed ingress/egress maintenance easement shall be provided for access to the storm drainage facilities. The minimum width of the required drainage easement shall be adequate to encompass all facilities and include room for access and maintenance, as determined by the city. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.150 Connection procedures—Permit.
A. It is unlawful for any person to construct, connect, repair or replace any portion of the city’s storm drainage system without first obtaining a permit to do so.
B. The city shall establish reasonable rules and regulations for a permit system to govern the construction, connection, repair or replacement of the city’s storm drainage system.
C. All excavations for storm drainage installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Work within the rights-of-way shall conform to all city rules and regulations. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.160 Inoperative or inadequate storm sewer.
Where it is determined by the city that a private storm drainage system or connections thereof is obstructed, broken, inoperative or inadequate or is a significant threat to the public health, safety or welfare, or to public or private property, the city shall give notice to the owner, agent or occupant of the property in which such condition exists requiring the condition to be corrected within a specified time. If the owner, agent or occupant shall refuse to maintain, reconstruct, repair, or remove the obstruction of said private storm drainage system or connection within the time specified in such notice, the city shall perform such work as may be necessary to comply with this chapter. The cost of such work done plus fifteen percent shall be charged to the property owner or occupant and shall become immediately payable to the city upon written notice of such amount being given to the property owner or occupant or posted upon said premises and shall become a lien against the property. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.170 Emergency call-outs.
Whenever a request is made of the city for an emergency inspection or cleaning, outside of regular working hours, of the city storm drainage system and it is found that the problem does not involve the public storm drainage system, labor, equipment and materials may be charged to the requesting party. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.180 Property owner responsible for private storm drainage systems and connections.
The maintenance of any private storm drainage system or connection shall be the sole responsibility of the property owner. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.190 Extensions.
When the city determines that an extension of the public storm drainage system is needed and such extension is to be done by a private party, the city shall establish reasonable rules to cover the design, planning, constructing and acceptance of said extension. (Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.200 Fees and charges.
The city council may establish monthly service charges, general facilities charges, and fees for storm drainage permits, extensions and related activities. Fees and charges may be amended by the city council as necessary. (Ord. 1969-0321 § 3, 2021; Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.210 Monthly service charges.
A. Monthly service charges are established for all parcels of real property within the boundaries of the city, as they now exist or as they may be hereafter amended, for the purpose of administering, operating, maintaining, and repairing the storm drainage utility:
1. Undeveloped Parcels. Undeveloped parcels with no impervious surfaces shall not be charged.
2. Any parcel within city limits with impervious surfaces shall be charged stormwater monthly charges, regardless of use of other city utility services.
B. Monthly service charges are assessed based on actual impervious surface area expressed as an equivalent service unit (ESU). Monthly service charges are calculated as the number of ESUs multiplied by the rate identified in the city of Shelton adopted master fee schedule. An annual escalator of three percent will automatically be applied January 1st of each year, beginning January 2022. Starting January 1st of 2027, every year thereafter, the automatic annual escalator will be based on the cost of living increase as adopted in the city’s annual budget for the coming fiscal year.
1. Single-family residential developed parcels shall be charged one ESU, regardless of impervious surface area.
2. Residential duplex parcels shall be charged two ESUs, regardless of impervious surface area.
3. All other parcels such as commercial, industrial, hotel/motel, triplex units, multifamily, mobile home, trailer parks, governmental facilities, and institutional facilities shall be charged for the actual measured impervious surface area expressed as a number of ESUs, rounded to the nearest tenth; a minimum of one ESU will be charged.
C. Exemptions. The following special categories of property are exempt from the monthly service charges: city street rights-of-way, Mason County road rights-of-way, and state of Washington highway rights-of-way.
D. Collections. Monthly service charge collections, billings and delinquencies shall be as provided for in Chapter 3.02 of this code.
E. Liens. Liens for storm drainage collections, delinquencies or any other utility-related matter shall be as provided for in Chapter 3.02 of this code and state law.
F. Monthly Service Charge Reductions and Credits. Requests for rate adjustments may be granted or approved by the public works director, finance director, or their designees. Adopted city policies shall establish eligibility and application requirements for receiving any discount. A customer is eligible for a single discount or credit if one of the following conditions exists:
1. Low-income senior citizens and disabled persons in single-family or duplex residential units may receive a discount of twenty percent of the monthly service charge.
2. A monthly service charge credit of ten percent may be provided to commercial accounts that utilize a permissive rainwater harvesting system, per RCW 35.67.020(3). Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building.
3. A parcel served by a stormwater treatment facility which holds a current National Pollutant Discharge Elimination System (NPDES) permit under the authority of the Clean Water Act of 1982, Section 402, specifically for the treatment of stormwater from the parcel and such system discharges directly into Puget Sound, without in any way utilizing any other stormwater conveyance or storage facilities. Parcels qualifying hereunder will be allotted a monthly service charge credit of eighty percent, only for the area or parcel for which is covered under the NPDES permit. (Ord. 1969-0321 § 4, 2021; Ord. 1921-0518 (part), 2018; Ord. 1886-0916 § 1, 2016: Ord. 1881-0116 § 1, 2016: Ord. 1745-0509 § 1, 2009: Ord. 1727-0508 § 1, 2008: Ord. 1637-0305 § 1 (part), 2005: Ord. 1438-1295 (part), 1995)
13.04.220 General facilities charges (GFCs).
A. No building permit, land use approval, short subdivision or subdivision approval, or any other permit allowing development within the city shall be granted except upon payment of the stormwater general facilities charge (GFC) for each new customer’s equitable share of the system under RCW 35.92.025. The GFC shall be adopted by the council based on a professional rate study conducted by a qualified consultant and may be amended as necessary. The annual GFC rate shall be included within the master fee schedule and will be calculated as a dollar amount per ESU. The stormwater GFC shall be subject to an adjustment equal to the average annual percentage increase provided in the Engineering News-Record (ENR) 20-Cities Construction Cost Index, using an October through September average increase to establish the adjusted rate(s); the fee shall not, in any case, decrease. The adjusted rate will automatically be effective January 1st of each year. All development, which includes redevelopment, in the city that increases impervious surfaces will be assessed a GFC. Any development in the UGA that discharges into the city stormwater system shall pay the city stormwater GFC.
B. GFCs do not include permit fees, application fees, administrative fees, or any other charge, fee, or tax imposed or required by the Shelton Municipal Code or any other entity.
C. Assessment of stormwater general facilities charges is as follows:
1. New single-family detached dwelling units shall be assessed a GFC of one ESU, regardless of impervious square footage area.
2. New residential duplexes shall be assessed a GFC of two ESUs, regardless of impervious square footage area.
3. For all other development, ESUs, or fractions thereof rounded to the nearest tenth, will be based on the total increase in impervious square footage area. The total increase in square footage of impervious surface area will be identified as shown on the engineering division-approved site plans.
D. GFCs shall be paid upon the city’s issuance of the public works engineering division stormwater connection permit (utility application) at the rate in effect at the time of issuance.
If an applicant, as a condition of development approval, is required to build a qualified system improvement to serve the development project, a GFC credit shall be given, upon the applicant’s request, for the cost of the improvement, not to exceed the total amount of GFCs that would otherwise be due. A system improvement is considered qualified when it is identified as a capacity improvement on the current comprehensive or six-year capital improvement plan. Credits may be given in lieu of or in addition to a utility latecomer agreement under Chapter 35.91 RCW, at the developer’s option. Additional credits may be considered in the context of a development agreement under Chapter 36.70B RCW.
E. The city manager or designee may adopt policies as necessary to administer this section. (Ord. 2019-0124 § 1, 2024; Ord. 1969-0321 § 5, 2021; Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005)
13.04.230 Fee adjustments and appeals.
A. Customers who believe the calculated total impervious area of their property for monthly service charges is inaccurate, may appeal upon application to the city.
1. The appeal:
a. Shall be on the city appeal application form and be accompanied by scaled or computer-aided design drawings with calculations that establish the amount of impervious surface area.
b. Shall be addressed to the city engineer.
c. Cannot extend the period of payment for the charge.
2. The public works director or designee shall review the appeal and shall respond in writing within twenty working days of its receipt.
3. While the appeal is pending before the public works director, all current or past due amounts shall be paid.
4. If an adjustment is granted reducing the monthly billing charge, the customer shall be refunded the amount overpaid for the previous consecutive three months.
5. If a customer has been undercharged, the new recomputed charges will apply in full to the next month’s bill.
6. No more than one appeal may be made per calendar year unless there is a change in ownership.
7. Within fourteen days of the date of the decision, the customer may appeal the decision of the public works director to the city manager.
a. The appeal shall:
i. Be in writing;
ii. Be addressed to the city manager; and
iii. Set out why the decision of the public works director is in error.
b. The city manager shall review the appeal and respond with a decision in writing within ten working days of its receipt.
c. While an appeal to the city manager is pending, all current and past due amounts shall be paid.
d. The city manager’s decision is final.
B. A customer with multiple accounts that serve one contiguous property may request that impervious surface area for accounts be combined and charged as one piece of property. (Ord. 1969-0321 § 6, 2021; Ord. 1921-0518 (part), 2018; Ord. 1637-0305 § 1 (part), 2005)