A.
Purpose. The purpose of this section is to establish the administrative process for promulgation and publication of policies, procedures, guidance, requirements, and manuals, and amendments and supplements thereto, intended to implement, supplement, interpret or guide compliance with the requirements of TMC Chapters 12.08A, 12.08B, 12.08C and 12.08D.
B.
When effective. A policy, procedure, guidance, requirement, or manual, or an amendment or supplement thereto, intended to implement, supplement, interpret or guide compliance with the requirements of TMC Chapters 12.08A, 12.08B, 12.08C or 12.08D, shall be effective upon the effective date set forth therein or, if not set forth therein, the date the Director’s signature is affixed thereto.
C.
Format. The Director shall promulgate requirements regarding the printed or electronic format, style and arrangement for those policies, procedures, guidance, requirements, and manuals, and amendments and supplements thereto, to be promulgated by the Director.
D.
Publication. The Director shall promulgate procedures ensuring that true and correct copies of all policies, procedures, guidance, requirements, and manuals, and amendments and supplements thereto, as promulgated by the Director, are made available to the public.
(Ord. 28761 Ex. A, 2021-05-25)
The Director is authorized to promulgate, implement, amend, supplement and enforce such policies, procedures, requirements, and manuals, and to issue such guidance, as are reasonable and necessary to implement and ensure compliance with TMC Chapters 12.08A, 12.08B, 12.08C and 12.08D; provided that, such policies, procedures, requirements, guidance, and manuals shall not be inconsistent with the provisions of TMC Chapters 12.08A, 12.08B, 12.08C and 12.08D, the City’s pretreatment program, the City’s wastewater NPDES permits, the City’s municipal stormwater NPDES permit, the City’s Stormwater Management Program policies and procedures, the SWMM, and applicable federal and state laws and regulations. Any such policy, procedure, guidance, requirement, or manual promulgated by the Director, and any amendments or supplements made thereto, shall be made available to the public in accordance with TMC § 12.08A.030. The Director may delegate authority to enforce the provisions of TMC Chapters 12.08A, 12.08B, 12.08C and 12.08D to such person or persons as the Director may designate from time to time.
(Ord. 28761 Ex. A, 2021-05-25)
Discretionary authority granted pursuant to the provisions of TMC Chapters 12.08A, 12.08B, 12.08C or 12.08D shall be exercised in a reasonable manner and consistent with the purpose, scope, and intent of TMC Chapters 12.08A, 12.08B, 12.08C and 12.08D and the provisions thereof granting such authority.
(Ord. 28761 Ex. A, 2021-05-25)
Except as may be otherwise provided therein, and when not inconsistent with the context, a reference in TMC Chapters 12.08A, 12.08B, 12.08C or 12.08D to a federal or state statute or regulation, or section thereof, which requires compliance with the same or which defines a term, phrase or word, shall operate to incorporate such statute or regulation, or section thereof, and any subsequent amendments thereto, by reference as though fully set forth in each such chapter. If a specific provision of law or regulation referred to in TMC Chapters 12.08A, 12.08B, 12.08C or 12.08D shall be renumbered, re-codified, or amended, then the reference shall be read to refer to the renumbered, re-codified, or amended provision.
(Ord. 28761 Ex. A, 2021-05-25)
While TMC Chapters 12.08A, 12.08B, 12.08C and 12.08D authorize the City of Tacoma and its officials, officers, employees and agents to administer the foregoing chapters, such authorization shall not be construed as placing responsibility for compliance, or as creating any duty, on the part of the City or any City official, officer, employee or agent to any particular case or to any particular person or class of persons. TMC Chapters 12.08A, 12.08B, 12.08C and 12.08D shall be enforced for the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. Nothing contained in TMC Chapters 12.08A, 12.08B, 12.08C and 12.08D is intended, nor shall be construed, to create or form the basis of any liability on the part of the City, its officials, officers, employees or agents, for any injury or damage resulting from any act or omission on the part of the City, its officials, officers, employees or agents.
(Ord. 28761 Ex. A, 2021-05-25)
B.
Any reference in the Tacoma Municipal Code to the “City of Tacoma stormwater management manual,” “City of Tacoma stormwater manual,” “stormwater management manual,” or “SWWM,” shall, unless the context indicates a different meaning should apply, mean and refer to the stormwater management manual as that term is defined at TMC § 12.08D.040.
C.
Any reference to the term “surface water” in the Tacoma Municipal Code shall mean and refer to stormwater, unless the term surface water has been given a defined meaning in the chapter or title where the term “surface water” is used, e.g., TMC Chapters 13.01, 13.06 and 13.11, or the context indicates a different meaning should apply.
(Ord. 28761 Ex. A, 2021-05-25)
Permits and approvals for activities or projects regulated under TMC Chapters 12.08B, 12.08C and 12.08D may be issued pursuant to the applicable sections of the above referenced chapters, Titles 2 and 13 of the Tacoma Municipal Code, and other relevant and applicable provisions of the Tacoma Municipal Code. Prior to the commencement of any activities or projects regulated pursuant to TMC Chapters 12.08B, 12.08C, or 12.08D, plans shall be submitted to the appropriate City department for its review and approval under the applicable sections of the above referenced chapters, Titles 2 and 13 of the Tacoma Municipal Code, and other relevant and applicable provisions of the Tacoma Municipal Code. All applicable permits and approvals shall be obtained for such activities and projects prior to commencing such activities or projects. Plans shall comply with all applicable provisions of TMC Chapters 12.08B, 12.08C and 12.08D, including required mitigation actions. Approvals and permits granted under TMC Chapters 12.08B, 12.08C and 12.08D shall not have the effect of waiving the requirements of any other laws and regulations, nor do they indicate compliance with any other laws and regulations. Persons conducting activities or projects regulated under TMC Chapters 12.08B, 12.08C and 12.08D shall comply with all applicable federal and state laws and regulations, and local ordinances including requirements and procedures promulgated under authority of this chapter and TMC Chapters 12.08B, 12.08C and 12.08D.
(Ord. 28761 Ex. A, 2021-05-25)
A.
Contracts to Discharge to POTW. Whenever the control authority determines that adequate capacity exists in the POTW, the City may if requested, contract with the state, or other jurisdiction to allow for the discharge of wastewater or stormwater into the POTW upon such terms and conditions, including the payment of all applicable charges established by ordinance or resolution of the City Council, and for such periods of time as the control authority deems reasonable. Except for discharges of limited duration, agreements with the state and other jurisdictions entered into pursuant to this section may be governed by the Interlocal Cooperation Act, Chapter 39.34 RCW, and shall include terms and conditions the control authority deems appropriate to govern such discharges. The City may contract with other jurisdictions to discharge wastewater or stormwater into public sewer systems located outside the Tacoma city limits when the control authority determines it is beneficial for the City to do so.
B.
Contracts to discharge to municipal stormwater system. Whenever, in the view of the control authority, the municipal stormwater system has adequate capacity, the City may enter into an agreement with the state, or another jurisdiction for the discharge of stormwater into the City’s municipal stormwater system from any state property or right-of-way, or property or right-of-way located within another local jurisdiction. Except for discharges covered under a special approved discharge permit, agreements with other jurisdictions to discharge stormwater into the City’s municipal stormwater system may be governed by the Interlocal Cooperation Act, Chapter 39.34 RCW, and shall include terms and conditions the control authority deems appropriate to govern such discharges.
(Ord. 28761 Ex. A, 2021-05-25)
There is established in the City a program to be known as the “Environmental Services Conservation Loan Program” (“Program”). The Treasurer of the City is hereby authorized to transfer sufficient funds from the Wastewater Management or Surface Water Management Fund, as appropriate, to the Conservation Loan Fund in order to make loans for wastewater service or stormwater management purposes. Disbursement of funds from the Conservation Loan Fund shall be made in the manner as provided by law.
Moneys allocated to the Conservation Loan Fund are to be used exclusively to provide loans for City of Tacoma wastewater service or stormwater service customers to purchase and install materials and equipment that help conserve conveyance and treatment capacity in the City’s municipal stormwater or sanitary sewer system and/or reduce pollution in discharges to the wastewater treatment plants or receiving waters. Except as otherwise provided by law, loans shall be secured by a lien against the benefited property or a security interest in the equipment benefited, and the Conservation Loan Fund shall be sustained by borrower payments, which shall include reasonable interest. The Director shall determine, promulgate and administer the policies, procedures and operation of the Program. The Director is authorized to implement any and all remedies to collect the payments for the loans, which may include foreclosure of the liens and/or security interests, as well as terminating water service to the premises.
(Ord. 28761 Ex. A, 2021-05-25)
A.
Purpose. This section describes requirements for entering into utility reimbursement agreements pursuant to RCW Chapter 35.91 (Municipal Water and Sewer Facilities Act); provided that, nothing herein is intended to prohibit the City from establishing an assessment reimbursement area pursuant to the provisions of RCW 35.91.060. In the event of a conflict between a provision, term or condition of this section and RCW Chapter 35.91, the provision, term or condition of RCW Chapter 35.91 shall control to the extent of the conflict.
B. “Administrative costs” “Applicant” “Benefitted property(ies)” “Cost of construction” “Improvement(s)” “Project” “Sanitary sewer and stormwater facilities” “Utility reimbursement agreement” “Utility reimbursement area”
Definitions. As used in this section, the terms listed below shall be defined as follows:
means and refers to those fees that are reasonable and proportionate to the total expense incurred by the City to comply with the provisions of TMC § 12.08A.130.
means and refers to any eligible owner of real property submitting a request to the City for improvements that the property owner elects to install solely at the owner’s expense.
means and refers to those parcels of real property located in the utility reimbursement area that benefit from the improvements; provided that, such improvements are subject to a valid utility reimbursement agreement.
means and refers to those costs incurred for design, acquisition for right-of-way and/or easements, construction, materials, and installation required in order to create an improvement which complies with City standards. Until such time as RCW Chapter 35.91 is amended to expressly authorize inclusion of interest charges or other financing costs, such expenses shall not be included in the calculation of construction costs. In the event of a disagreement between the City and the applicant concerning the cost of the improvement, the Control authority’s determination shall be final.
means and refers to all sanitary sewer and stormwater facility improvements and appurtenances required by the City to be constructed or improved as a prerequisite to development of applicant’s property and that provide benefits to properties within the utility reimbursement area.
means and refers to the proposed development of the real property subject to the utility reimbursement agreement for which the improvements are required as a prerequisite to development.
shall have the same meaning as given under RCW Chapter 35.91 as it now reads or as hereafter amended.
means and refers to a written contract between the City and the applicant providing for partial reimbursement by owners of benefitted property to the applicant for the applicant’s construction of the improvements.
means and refers to the area consisting of the benefitted properties.
C.
Eligibility. The following requirements must be met for an owner of real property to be eligible for a utility reimbursement agreement:
1.
Construction of the improvements must be a prerequisite under the Tacoma Municipal Code to further development of the real property;
2.
The application must be submitted prior to project approval for the improvements;
3.
The improvements must be located within the City municipal boundary, or in Pierce County within ten miles of the City municipal boundary;
4.
The application fees must be paid; and
5.
A completed application must be filed with the control authority.
D.
Application. An application for a utility reimbursement agreement shall be made on a form provided by the City. Applications submitted to the City shall include the following attachments:
1.
Preliminary utility design drawings;
2.
Itemized estimate of construction costs prepared and signed by a licensed civil engineer or in the form of a bid submitted by a qualified contractor (if more than one bid has been obtained, all bids must be submitted to the City);
3.
A scaled vicinity drawing, stamped by a licensed civil engineer or licensed land surveyor depicting the improvements and their location and the proposed benefited area, including dimensions and county assessor’s numbers for each tax parcel, size of parcels, and evaluations where necessary for determining benefits;
4.
The proposed list of benefitted properties stating the proposed reimbursement amount;
5.
A complete list of record owners of benefitted property certified as complete and accurate by the applicant and which states names, mailing addresses and Tax parcel numbers for each such owner;
6.
Envelopes addressed to each of the record owners of benefitted property who have not contributed their pro rata share of such costs. Proper postage for certified mail shall be affixed or provided;
7.
A separate legal description for each parcel of benefitted property;
8.
Such other information as the control authority determines is necessary to properly review the application; and
9.
An application fee determined by the Director to recover the City’s administrative costs to process the application.
E.
Length of reimbursement provision. No utility reimbursement agreement shall provide for a reimbursement period longer than twenty (20) years from the date of final acceptance of the improvements by the City unless an extension is granted as provided under RCW Chapter 35.91.
F.
Control authority’s determination.
1.
The control authority shall review all complete applications and shall approve the application only if the following requirements are met:
2.
In the event all of the above criteria are not satisfied, the control authority may condition approval, as necessary, in order for the application to conform to such criteria, or shall deny the application. The final determination of the control authority shall be in writing.
G.
Determination of utility reimbursement area boundary and reimbursement fee. In the case of all approved applications, the control authority shall define the utility reimbursement area based upon a determination of the benefitted properties that did not contribute to the original cost of the improvements and which may subsequently tap into or use the same, including not only those which may connect directly thereto, but also those who may connect to laterals, branches, or pump stations connecting thereto. The control authority shall for each benefitted property, determine the pro-rata share of the estimated and final construction costs so that each benefitted property will be assessed a utility reimbursement fee for a share of the costs of the improvements that is proportional to the benefits accruing to each such benefitted property. The utility reimbursement fee shall be calculated by dividing the area of the benefitted property being connected to the improvement by the overall area that is benefited by the improvements; this amount shall be multiplied by the cost of construction of the improvements.
H.
Utility reimbursement agreement must be recorded. A utility reimbursement agreement shall not be effective until it is recorded with the office of the Office of the Pierce County Auditor. It shall be the sole responsibility of the beneficiary of the utility reimbursement agreement to record the utility reimbursement agreement and provide a copy of the recorded utility reimbursement agreement, with the Auditor’s recording number, to the control authority.
I.
Written agreement–city payment of city costs in excess of application fee.
1.
Upon approval of the application, determination of the estimated cost of construction, the utility reimbursement area, and estimated administrative costs by the control authority, the Applicant shall sign a utility reimbursement agreement in the form supplied by the City. The signed agreement, the application, and supporting documents, together with the control authority’s estimate of the cost of construction and determination of utility reimbursement area and estimated administrative costs shall be drawn into a written agreement between the City and the applicant.
2.
In the event that costs incurred by the City for engineering or other professional consultant services required in processing the application exceed the amount of the application fee, execution of the agreement shall be conditioned upon receipt of payment by the applicant of an additional amount sufficient to compensate the City for its costs in excess of the application fee.
3.
The utility reimbursement agreement shall include, but is not limited to, the following as a condition precedent to applicant’s connection of the improvements to the City’s sanitary sewer system:
a.
A condition that the improvements will be constructed in accordance with plans and specifications approved by the City;
b.
A condition that the applicant will be in full compliance with applicant’s obligations under the utility reimbursement agreement and with the City’s applicable development regulations;
c.
A condition that, upon the City’s inspection and approval, all right, title and interest in and to the improvements shall be transferred without cost to the City, by warranty bill of sale with terms and conditions approved by the control authority;
d.
A condition that applicant provide sufficient security, as reasonably determined by the control authority, (e.g. a performance and payment bond and a two-year maintenance bond), to ensure completion of the improvements and performance of other obligations of applicant under the utility reimbursement agreement;
e.
A condition that applicant shall reimburse the control authority for the City’s costs associated with the improvements, including engineering, legal and administrative costs;
f.
A condition providing that the control authority shall have the right to verify and approve all contracts and costs related to the improvements;
g.
A condition that the property owner entitled to reimbursement under the utility reimbursement agreement, provide the City, every two years, with information regarding the current name, address, and telephone number of the person that originally entered into the utility reimbursement agreement; that if the property owner fails to comply with such notification requirements within sixty days of the specified time, the City may collect any reimbursement funds owed to the property owner under the contract; and, the funds collected shall be deposited in the capital fund of the City sanitary sewer and stormwater utilities;
h.
A warranty that the applicant is the owner of the real property subject to development;
i.
A condition that, within 120 days of the completion of the improvements and acceptance by the City, the applicant shall submit to the City the documentation and declaration as required pursuant to TMC § 12.08A.130J.1;
j.
A condition that the utility reimbursement fees will be adjusted to reflect the total costs of the improvements; and
k.
A condition that the utility reimbursement agreement shall not be effective until it is recorded with the Office of the Pierce County Auditor.
J.
Construction and acceptance of improvement–recording of final fees.
1.
After the utility reimbursement agreement has been signed by both parties and all necessary permits, approvals and easements have been obtained, the applicant shall construct the improvements and, upon completion, request final inspection and acceptance of the improvements by the City, subject to any required obligation to repair defects. A warranty bill of sale, easement, and any other document needed to convey the improvements to the City free and clear of any and all encumbrances and to ensure right of access for maintenance and replacement, shall be provided in a form and content approved by the City Attorney, or designee. Applicant shall, within one hundred and twenty days of completion of the improvement(s), submit documentation of the actual costs of the improvements to the City together with a declaration under oath by the applicant that all of such costs are true and correct costs of the improvements and have been paid.
2.
The control authority shall recalculate the utility reimbursement fees and shall cause a revised list of utility reimbursement fees to be recorded with the Office of the Pierce County Auditor.
K.
Notice to property owners. Prior to execution of any contract with the City establishing a utility reimbursement agreement, the control authority, shall provide notice, via certified mail, to all record owners of benefitted properties, as defined by the City on the basis of information and material supplied by the applicant, stating the preliminary boundaries of the utility reimbursement area and estimate utility reimbursement fees along with substantially the following statement: “As a property owner within the utility reimbursement area, whose preliminary boundaries are enclosed with this notice, you or your heirs and assigns will be obligated to pay, under certain circumstances, a pro rata share of construction and contract administration costs of the certain sanitary sewer or stormwater utility project that has been preliminarily determined to benefit your property. The preliminary determination of such pro rata share is also enclosed with this notice. You or your heirs and assigns shall be required to pay said pro rata share, based upon actual project costs, before any development permits are issued for development on your property within 20 years of the date that a contract establishing such area is recorded with the Office of the Pierce County Auditor, provided your development would have required similar sanitary sewer or stormwater utility improvements as a condition of approval. You have the right to request a hearing before the Director within twenty (20) days of the date of this notice. All such requests shall be made in writing and filed with the City Clerk. After the utility reimbursement agreement has been recorded, it shall be binding on all owners of record of benefitted properties who are not a party to the utility reimbursement agreement.” The hearing may be held open until after the applicant has submitted to the City its declaration of the total cost of the improvements.
L.
Collection of reimbursement fees.
1.
Within 15 days of the biennial anniversary of execution of the utility reimbursement agreement, the applicant shall provide the City with the current name and mailing address of the owners of the benefitted property and the current mailing address of the original applicant and for any new owner, as applicable.
2.
Subsequent to the recording of a utility reimbursement agreement, the City shall not permit connection of any benefitted property to any sanitary sewer or stormwater facility constructed pursuant to the utility reimbursement agreement, unless the share of the costs of such facilities required by the recorded agreement is first paid to the City.
3.
Upon receipt of any utility reimbursement fees, the City shall deduct a 15 percent administrative fee to recover its administrative costs and remit the balance of the utility reimbursement fees to the party entitled to the fees pursuant to the utility reimbursement agreement. In the event that, through error, the City fails to collect a required reimbursement fee prior to approval of connection to a sanitary sewer or stormwater facility, the City shall make diligent efforts to collect such fee, but shall under no circumstances be obligated to make payment to the applicant entitled to reimbursement, or in any other way be liable to such party, unless such reimbursement fee has actually been paid to the City.
M.
Segregation of reimbursement fees. The utility reimbursement agreement shall provide that the City is authorized to make segregation or adjustments to reimbursement fees because of subdivision or boundary line adjustment of the benefited properties. The segregation or adjustment shall generally be made in accordance with the method used to establish the original reimbursement fees. Segregation or adjustment shall not increase or decrease the total reimbursement fees to be paid.
N.
Disposition of undeliverable reimbursement fees. In the event that, after reasonable effort, the party to which the reimbursement fees are to be paid, pursuant to a utility reimbursement agreement, cannot be located and upon the expiration of one hundred eighty (180) days from the date the fees were collected by the City, the fees shall become the property of the City and shall be revenue to the City’s sanitary sewer and stormwater utilities.
O.
Rights and nonliability of the City. The City reserves the right to enter into any utility reimbursement agreement or to reject any application thereof. All applications for a utility reimbursement agreement shall be made on the basis that the applicant releases and waives any claims for any liability of the City in establishment and enforcement of utility reimbursement agreements. The City shall not be responsible for locating any beneficiary or survivor entitled to benefits by or through utility reimbursement agreements.
P.
City funding. As an alternative to financing projects under this section solely by owners of real estate, the City may join the financing of improvement projects and may be reimbursed in the same manner as in the owners of real estate to participate in the projects, if the City has specified the conditions of its participation in an ordinance. As another alternative, the City may create a utility reimbursement area on its own initiative, without the participation of a private property owner, finance the cost of the stormwater or sanitary sewer utility improvements, and become the sole beneficiary of the reimbursements that are contributed. The City may be reimbursed only for the cost of the improvements that benefit that portion of the public who will use the improvements within the utility reimbursement area established pursuant to this section. No City costs for the improvement that benefits the general public may be reimbursed.
Q.
Control authority’s action. If any owner of benefitted property submits a request for a hearing to the City Clerk in writing within twenty (20) days of the mailing of the property owner notification, a hearing shall be held before the Director, notice of which shall be given to all affected owners of benefitted property in addition to the regular notice requirements specified by this code, the cost of which shall be borne by the applicant. At the hearing, the Director shall take testimony from affected property owners and make a final determination of the area boundaries, the amount of assessments, length of time for which reimbursement shall be required, and shall authorize the execution of appropriate documents. The Director may hold the hearing record open until after the applicant has submitted to the control authority its declaration of the total cost of the improvements. The Director’s ruling of these matters at the conclusion of the hearing is determinative and final, and is subject to administrative appeal to the Hearing Examiner pursuant to TMC § 12.08A.140. An appeal of the decision of the Hearing Examiner must filed within 21 days of issuance of the Hearing Examiner’s final decision. If no hearing is timely requested, the control authority may consider and take final determinative action on these matters.
(Ord. 28761 Ex. A, 2021-05-25)
A.
The term decision or determination as used in this section shall mean and refer to a discretionary decision made by the control authority under authority of TMC Chapter 12.08A, 12.08B, 12.08C or 12.08D, but shall not mean or refer to, (1) the promulgation or publication of policies, procedures, guidelines, requirements, or manuals intended to implement, supplement, interpret or guide compliance with the requirements of TMC Chapters 12.08A, 12.08B, 12.08C or 12.08D, or (2) enforcement actions taken pursuant to TMC Chapters 12.08B, 12.08C or 12.08D. Appeals of enforcement actions are governed by TMC Chapter 1.82.
B.
Appeals of decisions or determinations made by the control authority pursuant to TMC Chapter 12.08A, 12.08B, 12.08C or 12.08D are governed by the following provisions.
1.
Any person aggrieved or adversely affected by a decision or determination made by the control authority under authority of TMC Chapter 12.08A, 12.08B, 12.08C or 12.08D, who wants to contest such decision or determination, shall file a written appeal with the Hearing Examiner setting forth the errors of law or fact alleged to have been made, and request a hearing within thirty (30) days of receipt of such final decision or determination.
2.
The Hearing Examiner shall conduct a hearing in the appeal of a decision or determination by the control authority pursuant to the requirements of TMC Chapter 1.23, and the City of Tacoma Office of Hearing Examiner Rules of Procedure for Hearing.
4.
In exercising such powers of review, the Hearing Examiner may, in conformity with the applicable provisions of TMC Chapter 12.08A, 12.08B, 12.08C or 12.08D, reverse or affirm the control authority’s decision or determination in whole or in part, or may modify the decision or determination and make such order as appears just to the Hearing Examiner.
5.
A person is aggrieved or adversely affected within the meaning of this section only when all three of the following conditions are present:
a.
The decision or determination of the control authority has prejudiced or is likely to prejudice that person;
b.
That person’s asserted interests are among those that the control authority was required to consider when it engaged in the decision or determination challenged; and
c.
A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision or determination of the control authority.
(Ord. 28761 Ex. A, 2021-05-25)