The control authority shall conduct regular reviews of the stormwater rates and fees established by the City Council to confirm that all costs to manage, operate, and improve the municipal stormwater system are being properly recovered according to City ordinances, state laws, and federal regulations.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
In March of 1977, the City Council, pursuant to Resolution No. 24356, declared its intent to create a municipal stormwater utility including establishing a proposed rate structure and transferring storm sewer assets from the General Fund to the new stormwater utility. In February of 1979, the Sewer Utility Division of the Department of Public Works published the City of Tacoma Storm Drain Utility Formation and Rate Report recommending that the City Council pass an ordinance establishing a new municipal stormwater utility and adopting the rate structure as set forth in the Formation and Rate Report. This report is adopted by reference herein as the basis for the formation of the municipal stormwater utility and the model for municipal stormwater utility rates. In April of 1979, the City Council enacted Ordinance No. 21638 consolidating the City’s storm and surface water infrastructure to form the municipal stormwater utility. Contemporaneously, the City Council, pursuant to Ordinance No. 21632 and under authority of Chapter 35.67 RCW, repealed and re-enacted Chapter 12.08 of the Tacoma Municipal Code establishing the municipal stormwater utility and the rate model establishing rates and charges to fund the costs of maintaining, operating, managing and making capital improvements to the municipal stormwater system utility, managing and administering the stormwater utility, providing public education and outreach, and enforcing regulatory compliance with the provisions of this chapter. Under the rate model, the applicable rate is determined based upon the area of each parcel of land and the land use designation of the parcel, placing each parcel into one of five basic categories of development using an industrial classification manual. The basic category of development correlates to the amount of impervious surface of the premises.
B. 
The municipal stormwater utility is necessary to further the public health, safety, and welfare by, among other things:
1. 
Consolidating the City’s stormwater BMP/facilities and system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, treatment and flow control stormwater BMPs/facilities devices or storm drains) designed and used for collecting, conveying, and managing stormwater;
2. 
Promoting a comprehensive approach to controlling stormwater runoff;
3. 
Providing for the management, operation, maintenance and improvement of the municipal stormwater system;
4. 
Protecting against property damage, personal injury, and other economic damages;
5. 
Protecting and preserving transportation corridors and routes of travel;
6. 
Reducing flooding, erosion, sedimentation, and the discharge of pollutants;
7. 
Protecting aquatic resources;
8. 
Preventing and mitigating against habitat loss;
9. 
Enhancing groundwater recharge;
10. 
Managing open spaces to control stormwater runoff; and
11. 
Enhancing environmental protection.
Accordingly, all real property in the City benefits from the establishment, operation, management, maintenance, and improvement of the municipal stormwater utility and municipal stormwater system.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
The City is authorized to establish and impose stormwater rates and fees for all parcels of real property within the City limits. Such rates and fees shall be calculated in accordance with this chapter and established by ordinance or resolution of the City Council.
B. 
The City is also authorized to establish and impose stormwater rates and fees when necessary to recover the cost of authorizing and regulating one-time, or short-term, discharges to the municipal stormwater system.
C. 
The control authority shall determine what rates and fees shall apply to each specific parcel in accordance with this section, subject to the exclusions in TMC § 12.08D.240.
D. 
Stormwater rates and fees are calculated based on the following:
1. 
Unless otherwise provided for in this chapter, each parcel will be charged a monthly Stormwater Fixed Fee and a Stormwater Rate based upon the square footage of the parcel and the land use designation of the parcel.
Except as otherwise provided for in this chapter, for purposes of computing stormwater rates and fees under this section, the land use designation shall be classified based on the principal activity on the parcel using the North American Industry Classification System (NAICS, 2002) Code, adopted hereby for this purpose. The land use designation correlates to the level of development and amount of impervious surface on the parcel. Additional land use or location specific categories are further outlined in TMC § 12.08D.210E which are also considered in determining the Stormwater Rate. The control authority shall determine the land use or location specific category for each parcel based upon the principal activity on or use of the parcel and place each parcel in one of the five following specific categories, hereinafter referred to as “Basic Categories of Development,” as to each of which the Stormwater Rate per month per 500-square-foot increment of parcel area shall apply. The basic categories of development used for billing are: (a) Undeveloped; (b) Light; (c) Moderate; (d) Heavy; and (e) Very Heavy. Each basic category of development has been assigned a range of overall parcel runoff factors per the table below:
BASIC CATEGORIES OF DEVELOPMENT
RANGE OF OVERALL PARCEL RUNOFF FACTORS
(a) Undeveloped
0 to 0.22
(b) Light
0.23 to 0.39
(c) Moderate
0.40 to 0.56
(d) Heavy
0.57 to 0.79
(e) Very Heavy
0.80 to 1
The overall parcel runoff factor is related to the amount of impervious surfaces on a site. The more intensely a site is developed the higher the overall parcel runoff factor. Each NAICS code has been assigned an overall parcel runoff factor based upon typical development intensity for the uses represented by the NAICS code. The overall parcel runoff factor provides the correlation from NAICS code to the basic category of development utilized for stormwater billing.
2. 
In the event the control authority determines that the assigned NAICS code classification does not correlate to existing site conditions, the control authority may, in-lieu of classification based on NAICS code, calculate impervious surfaces on the site in accordance with policies, procedures, requirements, and guidelines promulgated and published by the Director, to determine which basic category of development should be applied.
3. 
If a parcel is redeveloped, segregated, or combined with another parcel, the revised parcels and, if applicable, land use designation or other land use or location specific designation in TMC § 12.08D.210E, will be used to reestablish the basic category of development per TMC § 12.08D.210D.2 that will be assigned to the parcel for municipal stormwater utility billing purposes.
4. 
For purposes of computing stormwater rates and fees, the area of the parcel shall be rounded to the nearest 500-square foot increment (the area of premises less than 500-square feet shall be set at 500-square feet) and the number of such increments shall be multiplied by the applicable Stormwater Rate.
5. 
Stormwater rates shall be computed by carrying the computation to the third decimal place and rounding to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four.
6. 
Residential customers who qualify as low-income senior or low-income disabled under TMC § 12.06.165B shall be eligible for a reduction from the regular stormwater rates and the fixed fee, the percentage of which will be established by ordinance or resolution of the City Council. The determination of low-income senior and low-income disabled status shall be made as set forth in TMC § 12.06.165B. Individuals must submit an application documenting such determination for review and acceptance by the control authority to qualify for this reduction. The effective date for the rate reduction shall be the first day of the billing period on which the control authority’s acceptance is granted.
E. 
Land use or Location Specific Stormwater Rate Categories.
1. 
All parcels that do not meet the definition of a waterfront or direct discharge parcel, shall be considered a non-waterfront/non-direct discharge parcel.
2. 
Waterfront and direct discharge parcels shall be subject to the waterfront/direct discharge stormwater rate for the applicable basic category of development. For purposes of computing the stormwater rate for waterfront/direct discharge parcels, the area of each parcel above MHHW elevation shall be used to determine the parcel size.
3. 
Parcels contiguous with waterfront discharge parcels which are under common ownership and discharge 100 percent of stormwater flow to the contiguous waterfront discharge parcel, and that do not discharge stormwater to the municipal stormwater system, shall be charged the waterfront discharge stormwater rate established by ordinance or resolution of the City Council.
4. 
Open space parcels with forested land cover shall be charged only the stormwater fixed fee and no stormwater rate for square footage will be applied to these parcels.
5. 
For undeveloped parcels over one acre, the first acre shall be billed at the undeveloped first acre or less stormwater rate, and any area over one acre shall be billed at the undeveloped area in excess of one acre stormwater rate.
6. 
Single-family residential parcels will be assigned the “moderate” basic category of development for determination of monthly stormwater rates. Single-family residential parcels of 15,000 square feet or more shall be billed at the “moderate” basic category of development stormwater rate for the first 15,000 square feet and the remainder at the undeveloped first acre or less basic category of development stormwater rate, unless the parcel is inspected by the control authority and placed in a different basic category of development, in which case the first 15,000 square feet shall pay the stormwater rate assigned to such basic category of development and the remainder at the undeveloped first acre or less basic category of development stormwater rate.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
Persons responsible for paying wastewater rates or other City utility rates shall also be responsible to pay monthly or bimonthly stormwater rates and fees. Owners of vacant property or property not otherwise receiving City utility bills shall be billed and are responsible to pay stormwater rates and fees that are assessed to such property. Owners or other persons responsible for paying stormwater rates and fees may make a written request that such rates and fees be billed to another party by the control authority. Approval of such request shall not release the requester from responsibility for payment of delinquent stormwater rates and fees, or other charges including, but not limited to related interest, costs and fees allowed under this chapter and by applicable state law, nor does it release the requester from any lien filed on the subject parcel. Owners of parcels that are contiguous and have a single land use designation may receive a single bill for stormwater rates and fees for all contiguous parcels if such parcels are consolidated on the Pierce County Assessor’s tax rolls.
B. 
All bills for stormwater rates and fees as established by ordinance or resolution of the City Council shall be billed monthly or bimonthly as shall be determined by the control authority and shall become due and payable at the office of the City Treasurer or such other places as approved by the City Treasurer on or before the 15th day after the statement has been mailed and shall become delinquent thereafter.
C. 
For any stormwater rate and/or fixed fee that becomes delinquent, the responsible person shall be charged a late payment fee as set forth in TMC Chapter 12.01. Any stormwater rate and/or fixed fee that becomes delinquent, together with interest, also shall immediately become a lien against the premises served pursuant to RCW 35.67.200. Such lien may be foreclosed by the City in the manner provided by Chapter 35.67 RCW. In the event that the City files or releases a lien with the County Auditor, a processing fee will be added to the delinquent amounts owed equivalent to the current fees charged by the County Auditor for filing or releasing a lien. The processing fee will be allocated to the Stormwater Fund, as appropriate, and, for City tax purposes, recorded as revenue. In addition to such foreclosure, a customer with a stormwater account that is delinquent is also subject to termination of City water utility services for the subject premises (or other premises owned or rented by the customer), until such time as payment arrangements are made with the control authority to satisfy the delinquency.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
Owners or other persons responsible for paying stormwater rates for a parcel may request that the control authority review the rates they are being charged if they believe such rates are based on erroneous information. Such requests shall be made in writing and include the parcel number and a detailed description of the erroneous information alleged in the request. Upon receipt of such request, the control authority shall evaluate the requester’s information against the criteria set forth in the applicable provisions of this Chapter the Control Authority’s written policies for reconsideration of stormwater rates, applicable state laws, and other factors reasonably related to the determination of whether the requester’s stormwater rate is based on erroneous information. If the control authority determines that a requester’s stormwater rate is based on erroneous information, the control authority shall adjust the charge to reflect the proper rate under this chapter.
B. 
Owners or other persons responsible for paying stormwater rates and fees for a parcel may request that the control authority determine whether the City’s use of a private stormwater system on or at a specific parcel benefits the municipal stormwater system or provides a stormwater benefit for a City-owned or operated property including public rights-of-way and is grounds for reducing stormwater rates. Collection from single premises and concentrating the flow, collection of surface water that is piped through or underneath the surface of a property, or management or acceptance of water that flows via a natural drainage course through a property, shall not constitute grounds for a rate reduction under this subsection. It shall be the requester’s responsibility to provide the control authority with all information needed to evaluate the private stormwater system, including but not limited to, building permits, stormwater calculations, design drawings, engineering reports, SSPs, or other information requested by the City that may be needed to evaluate the private stormwater system.
(Ord. 28761 Ex. D, 2021-05-25)
Stormwater rates and fees shall not be levied directly to any City street, road, alley or right-of-way where the stormwater function has been transferred to and made a part of the municipal stormwater system by Ordinance No. 21638 passed April 3, 1979, and all streets, roads, alleys or rights-of-way created and acquired by the City since April 3, 1979. The City Council finds all City streets, roads, alleys and rights-of-way collect and transport stormwater from multiple individual properties, which provides stormwater management benefits to the City, which corresponds to a value equal to the reasonable charge therefor that would otherwise be charged by the City for such streets, roads, alleys, and rights-of-way.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
For parcels that provide additional low impact development BMPs and features beyond those required by the SWMM to mitigate the stormwater impacts of new development or redevelopment, or if low impact development is used to mitigate existing stormwater discharges that were not required to install low impact development BMPs at the time of new development or redevelopment (collectively or individually the “low impact improvement”), a rate reduction in the stormwater charge(s) applicable to those parcels may be allowed by the control authority in accordance with this section. All stormwater facilities and low impact improvements shall be designed in accordance with the applicable BMPs and requirements of the SWMM. All designs shall be reviewed and approved by the control authority prior to installation.
In order to qualify for a rate reduction under this section, the owner shall submit the request for a rate reduction to the control authority prior to construction of the proposed low impact improvements, obtain all required permits for such work, and satisfy the following requirements:
1. 
Where the low impact improvement is built for mitigating the impacts of stormwater based on new development or redevelopment that has met the thresholds for Minimum Requirement #5 as defined in the most recent version of the SWMM, the owner of the parcel must have obtained the required permits and constructed the low impact improvement according to plans approved by the control authority, and the low impact improvement must include LID BMPs or features beyond those required by the minimum requirements of the SWMM in effect at the time of new development or redevelopment.
2. 
Where the low impact improvement is built to provide mitigation for existing stormwater flows and not as a requirement of any new development or redevelopment action that requires compliance with the SWMM, the low impact improvement must be approved by the control authority prior to construction, the applicant shall obtain proper permits if applicable, the design shall be reviewed and accepted by the control authority prior to construction, the applicant shall notify and allow the control authority to inspect the low impact improvement during and after construction, and the low impact improvement shall comply with the applicable BMPs and requirements of the SWMM or the approved plans.
3. 
The owner shall develop an O&M manual for the low impact improvement, be responsible for all costs of construction and proper operation and maintenance of such low impact improvement, and shall submit annual maintenance reports to the control authority.
4. 
The owner shall enter into a covenant and easement agreement with the City to assure proper operation and maintenance of the low impact improvement and allow the City access for inspection. The covenant and easement agreement shall be recorded with the Pierce County Auditor’s Office to the title of the property by the City and be in a form and content approved by the City Attorney.
B. 
The control authority may inspect all low impact improvement and stormwater systems approved or sought to be approved under this section to ascertain that they have been installed in accordance with the approved documents and function properly. If at any time such low impact improvement or stormwater system fails to function as designed as determined by the control authority based on appropriate engineering standards, or if the owner fails to submit the annual maintenance reports, the control authority may reduce or revoke any rate reduction granted to reflect the effectiveness, if any, of such low impact improvement or stormwater system, or the control authority may revoke approval of the low impact improvement or stormwater system irrespective of its prior approval of either the low impact improvement or stormwater system or plans therefor.
C. 
The stormwater rate reduction allowed under this section shall be as follows:
1. 
Use of low impact development BMPs as designated in the SWMM for partial mitigation of stormwater impacts from the site, defined as in this chapter, shall qualify the parcel to receive a one basic category of development rate reduction.
2. 
Use of low impact development BMPs as designated in the SWMM for full mitigation of stormwater impacts from the site, defined as mitigation of all surfaces and disturbed areas to the maximum amount practicable, shall receive a two basic categories of development rate reduction.
3. 
Notwithstanding any rate reduction authorized, permitted, or provided for in this section, no rate shall be reduced below the basic category of development for undeveloped land.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
Purpose. This section establishes the Payment In-Lieu-Of Construction Program (“Program”). Application for the Program is voluntary and not mandatory. This Program shall be available for qualified new development and redevelopment projects required to mitigate for stormwater impacts per Minimum Requirement #6 – Stormwater Treatment, or Minimum Requirement #7 – Flow Control, as defined in the SWMM. Property owners, or persons authorized to act on their behalf, may apply to the control authority under this Program to pay a system development charge in-lieu-of constructing stormwater treatment and/or flow control best management practices on the project site. Mitigation capacity will be allocated to qualifying benefitted premises under this Program. A system development charge will be assessed to reimburse the City for the historic capital costs to construct or expand regional stormwater facilities to provide mitigation capacity for projects approved under the Program. A maintenance surcharge may also be applicable to offset the additional maintenance costs resulting from the new or expanded regional stormwater facilities benefitting such properties.
All applications for the Program must be reviewed and approved by the control authority.
B. 
Voluntary payment agreement. A voluntary payment agreement signed by the City and applicant is required for participation in this Program.
C. 
System development charge. An applicant qualified under this Program shall be assessed a system development charge as established by ordinance or resolution of the City Council. The system development charges are different for each regional stormwater facility in the Program or group of facilities. The methodology for calculation of the system development charge is defined in the City of Tacoma regional stormwater facility plan and is based on the present worth of capital costs for each facility.
D. 
Calculation; payment. The amount of surface area requiring stormwater mitigation will be calculated based upon the proposed project as approved with a City construction permit. An applicant cannot pay for and reserve mitigation capacity within a regional stormwater facility for potential future mitigation needs. Each system development charge assessed shall be paid to the City at the time of construction permit issuance.
E. 
Maintenance surcharge. A maintenance surcharge may be assessed upon the benefitted premises in addition to the surface water rate or fee. The maintenance surcharge is intended to equitably recover the maintenance costs associated with the regional stormwater facility.
The maintenance surcharge will be calculated by multiplying the total maintenance costs for the regional facility by the percentage of total mitigation capacity of the regional facility allocated to the benefitted parcel. The maintenance surcharge for each regional stormwater facility included in the Program shall be established by ordinance or resolution of the City Council.
F. 
Qualification. In order to qualify for the Program outlined under this section:
1. 
The applicant shall submit a completed Program application, on forms provided by the control authority, prior to final approval of construction permits for the proposed project;
2. 
The proposed project must be considered a new development or redevelopment project, as those terms are defined in the SWMM;
3. 
The proposed project must be located in an area defined by the City of Tacoma regional stormwater facility plan and the regional stormwater facility specific ordinance;
4. 
The control authority must determine that the regional stormwater facility has mitigation capacity available for the proposed project;
5. 
Projects shall comply with all applicable portions of the SWMM and City of Tacoma regional stormwater facility plan;
6. 
The applicant shall provide all information requested by the City that is reasonably related to qualification for the program; and
7. 
The property owner shall execute a voluntary payment agreement with the City, in a form approved by the control authority and the City Attorney. The benefitted premises shall be designated in the voluntary payment agreement.
The covenants set forth in the voluntary payment agreement shall, upon recording with the Pierce County Auditor, or successor, be credited to and considered as a benefit to the benefitted premises running with the land; provided that, the City’s covenants shall not apply to additional stormwater mitigation required for redevelopment or new development of any portion of the benefitted premises. It shall be the responsibility of the applicant to timely record the voluntary payment agreement as provided herein and submit a copy of the recorded agreement to the control authority. The City shall maintain a copy of the agreement in the City’s permanent records. Projects where the benefitted premises is a right-of-way may not be required to record the agreement.
(Ord. 28761 Ex. D, 2021-05-25)
Any organized drainage or drainage improvement district in existence on April 1, 1979, the boundary of which is wholly or partly within the boundary of the City on that date, may seek relief from City stormwater rates and fees to the extent that it can prove to the satisfaction of the control authority that such district provides stormwater management services within the boundary of the City. Nothing herein shall expressly or by implication constitute City or City Council approval or ratification of, or agreement or consent to, any act, undertaking, or omission by any such district.
(Ord. 28761 Ex. D, 2021-05-25)