Chapter 13.32
STORM DRAINAGE UTILITY
Sections:
13.32.010 Council findings of fact.
13.32.070 Disposition of funds.
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, restriction of natural or manmade watercourses due to unrestricted sedimentation, and water quality impacts in receiving water bodies.
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 stormwater runoff.
C. The existing storm drainage and surface water runoff facilities must be adequately inspected, maintained, operated, and replaced through a funding program.
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 stormwater drainage system and that all developed property benefits from the stormwater management efforts of the city and should participate financially in the payment of all expenses for administration, maintenance, operation, and improvement of such stormwater 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 Stormwater 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 received a permit in February 2007. Under this permit, the utility is required to add programs, enhance some of the utility’s operations and maintenance functions, and perform additional actions as required for permit compliance.
H. The city requires the use of low impact development (LID) techniques for stormwater management as specified in chapter 13.48 SMC. By keeping the amount of effective impervious surface to a minimum, amending soils, and utilizing the natural absorption and cleansing abilities of the soil and vegetation to detain, retain and/or treat storm runoff, the use of LID strategies produces cleaner and cooler runoff water than is normally obtained using conventional treatment facilities and may provide for ground water recharge that is more representative of historic natural conditions.
I. Special districts exist within the corporate limits of the city. Special districts, formed for specific purposes other than the purposes of this chapter, have powers granted to them by laws of the state of Washington. (Ord. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010)
13.32.020 Purpose.
A. It is the purpose of this chapter to establish a funding methodology to provide financing for planning, development, management, operation, maintenance, use, annual inspections, 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, grant cities the authority to establish stormwater utility rates 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 and pollutants from entering downstream water bodies, ensure the safety of city streets and rights-of-way, and increase educational and recreational opportunities.
B. The amount of the service charge is established in chapter 13.36 SMC.
C. System development charges for the implementation of capital improvements are regulated under chapter 13.48 SMC. System development charges are separate from the service charges in chapter 13.36 SMC.
D. This chapter does not abrogate the right of any special district to establish and collect rates, fees, or assessments that are required to implement the purposes of the special district. Such rates, fees, or assessments are in addition to the fees established in this chapter. (Ord. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010)
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” is defined in SMC 13.48.200.
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, other manmade physical improvements, or clearing or grading 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. “Ecology” means the Washington State Department of Ecology.
F. “Equivalent service unit (ESU)” means and is equal to 3,100 square feet of impervious groundcover to be used by the city in assessing the service charges against each parcel of property.
G. “Impervious surface” is defined in SMC 13.48.200.
H. “Low impact development (LID)” is defined in SMC 13.48.200.
I. “Low impact stormwater facilities” is defined in SMC 13.48.200(38), low impact development.
J. “Manual” is defined in SMC 13.48.200.
K. “NPDES Phase II permit” is defined in SMC 13.48.200.
L. “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.
M. “Retention facilities” is defined in SMC 13.48.200.
N. “Service charge” means the fee levied by the city upon all developed real property within the boundaries of the city as authorized by SMC 13.36.060.
O. “Single-family residential property or parcel” is defined in SMC 13.48.200.
P. “Special district” is defined in SMC 13.48.200.
Q. “System” means the entire system of storm drainage and surface water facilities owned by the city or over which the city has right of use for the movement, conveyance, control, and/or treatment of storm drainage and surface water runoff, including both naturally occurring and manmade facilities.
R. “Undeveloped” means that condition of real property unaltered by the construction or addition to such property by man of impervious groundcover, physical manmade improvements of any kind, or clearing and grading which change the hydrology of the property from its natural state. (Ord. 2520 § 1, 2015: Ord. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.32.030 – 13.32.068)
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 by Ord. 1374, in 1986. The Stormwater Comprehensive Plan prepared by Parametrix, Inc., dated January 1992, copies of which are on file in the office of the city clerk, was adopted by Ord. 1898, in 1993. The Stormwater Comprehensive Plan Update prepared by Parametrix, Inc., dated September 2005, was adopted by Ord. 2050, in 2005. (Ord. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.32.070)
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. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.32.080)
13.32.060 Administration.
A. The storm drainage utility created in this chapter shall be administered by the public works department 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 billing, collecting, and administrating of said service charges established under this chapter. (Ord. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.32.090)
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. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.32.100)
13.32.080 Rates.
A. The specific rates, charges and procedures for collection, administration, and disposition of revenues shall be established by the city council under a separate ordinance.
B. The rates identified in this chapter are independent of and in addition to any rates, fees, or assessments that may be charged by any special district. (Ord. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.32.110)
13.32.090 Policy for service charges.
A. It shall be the city’s policy 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 city’s corporate limits 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 timberland. (Ord. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.32.120)
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 duplex or triplex dwelling unit in the city is designated as 0.8 ESU irrespective of the size of parcel or the amount of impervious or effective impervious area on such parcel.
C. When more than one separate dwelling unit is located on a single parcel, the primary residence shall be designated as 1.0 ESU and each subsequent accessory dwelling unit shall be designated as 0.8 ESU, each.
D. The city shall measure the impervious surface or effective impervious surface of all “nonresidential,” “large multifamily,” 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, charged at the time of permit issuance, times the residential base rate and adjusting for any applicable credit in accordance with SMC 13.36.060. Each developed, nonexempt parcel of property shall be deemed to contain a minimum of one ESU.
E. In accordance with the policy established in SMC 13.32.090 that the service charges shall be determined by the amount of impervious area 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. 2752 § 1 (Exh. A) (part), 2020: Ord. 2520 § 2, 2015: Ord. 2356 § 7 (part), 2011: Ord. 2316 § 1 (part), 2010. Formerly 13.32.130)