HomeMy Public PortalAboutORD-CC-2008-18n
fl
ORDINANCE #2008-18
AN ORDINANCE ESTABLISHING A CITY STORMWATER
MANAGEMENT UTILITY FOR THE CITY OF MOAB
BE IT ORDAINED by the Council of the City of Moab as follows:
Title 13 — PUBLIC SERVICES of the Moab Municipal Code is hereby revised to include the
addition of Chapter 13.07 CREATION AND OPERATION OF CITY STORMWATER
MANAGEMENT UTILITY to read as follows:
Chapter 13.07
CREATION AND OPERATION OF CITY STORMWATER MANAGEMENT UTILITY
Sections:
13.07.010 Purpose
13.07.020 Definitions
13.07.030 City Stormwater Management Utility Created.
13.07.040 Ownership of City Stormwater Facilities and
Assets.
13.07.050 Utility Administration.
13.07.060 User Charge Imposed.
13.07.070 System of Rates and Charges.
13.07.080 Billing and Collection.
13.07.090 Appeal of Charges.
13.07.100 Dumping into Stormwater System Prohibited.
13.07.110 Obstruction of Stormwater Flow Prohibited.
13.07.130 Enforcement.
13.07.010 Purpose. The City finds and declares that absent
effective maintenance, operation, regulation, and control;
existing stormwater drainage conditions in all areas within the
City constitute a potential hazard to the health, safety and
general welfare of the City. The City Council further finds
that natural and manmade stormwater facilities and conveyances
Ordinance #2008-18 Page 1 of 7
Z
constitute a stormwater drainage system and that effective
improvement, regulation and control of stormwater though
formation, by the City, of a Stormwater Management Utility is
required.
13.07.010 Definitions. For the purposes of this Chapter, the
following terms phrases and words shall mean:
(a) "City" - City of Moab, a municipal corporation of
the State of Utah.
(b) "County" - Grand County
(c) "Council" - Moab City Council
(d) "Customer" or "Person" - Any individual; public or
private corporation and its officers; partnership; association;
firm; trustee; executor of an estate; the State or its
departments, institutions, bureaus, agencies; county; city;
political subdivision; or any other governmental or legal
entity recognized by law.
(e) "Director" - The Director of the City of Moab Public
Works Department or the Director's designee.
(f) "Equivalent Residential Unit (ERU)" - An ERU is equal
to 3,000 square feet of impervious surface area. This is based
on an average single-family residential parcel, which has an
impervious surface area of 3,000 square feet.
(g) "Impervious Surface" - Any hard surfaced area of a
parcel that prevents the absorption of stormwater into the
underlying soil. The following surfaces shall be considered
impervious: areas occupied by roofed structures, areas surfaced
with concrete, areas surfaced with asphalt pavement, and any
other surface type that exhibits similar runoff
characteristics.
(h) "Semi -Impervious Surface" - Any surface area of a
parcel that retards the absorption of stormwater into the
underlying soil, or that causes stormwater to run off in
greater quantities that it would from a natural surface in the
same location. The following surfaces shall be considered semi -
impervious when determined in accordance with section
13.07.070(D.): areas surfaced with road base, gravel, or
similar aggregate mixture; natural dirt surfaces that are
compacted to such a degree that they do not support vegetative
cover on more than 20% of the surface area.
(i) "Mitigation" - On -site facilities or practices which
reduce stormwater quantity or improve stormwater quality.
(j) "Parcel" - The smallest, separately segregated unit of
land having an owner. A parcel has boundaries and surface
Lad
Ordinance #2008-18 Page 2 of 7
area, and is documented with a parcel identification number by
Grand County.
(k) "Developed Parcel" - Any parcel whose surface has been
altered by grading, filling, or construction of any
improvement.
(1) "National Pollutant Discharge Elimination System
(NPDES) Stormwater Regulations" - The provisions of the Federal
Clean Water Act establishing specific permit requirements for
the control of stormwater discharge.
(m) "Single -Family Residential Parcel" - Any parcel
of land containing a single-family or two-family dwelling unit
provided that in the case of a two-family unit, the ownership
is undivided.
(n) "Stormwater" - Water produced by storms, surface
drainage, snow and ice melt, and other water handled by the
stormwater system.
(o) "Stormwater Facilities" - Any facility, improvement,
development or property made for controlling stormwater
quantity and quality.
(p) "Stormwater System" - All manmade stormwater
facilities and conveyances, and natural stormwater systems
including stream channels, drainage courses or similar that are
owned or maintained by the City and that store, control, treat,
and/or convey stormwater.
(q) "Stormwater Management Utility" or "Utility" - The
utility created by this ordinance which operates, maintains,
regulates and improves stormwater facilities and programs
within the City of Moab.
(r) "Undeveloped Parcel" - Any parcel that has not been
altered by grading, filling, or construction.
13.07.030 Stormwater Management Utility Created. There
is hereby created and established a Stormwater Management
Utility. The Utility will have the regulatory authority and
responsibility for planning, design, construction, maintenance,
administration and operation of all stormwater facilities
within the City.
13.07.040 Ownership of City Stormwater Facilities and
Assets. The City shall own all stormwater facilities used for
the conveyance of stormwaters through, under or over lands or
watercourses, beginning at a point where the stormwaters first
enter the stormwater system of the City and ending in each
instance at a point where the stormwaters exit from the
system. Government -owned streets and those stormwater
Ordinance #2008-18 Page 3 of 7
facilities operated and maintained by, or for, the County or
the State of Utah shall not be deemed City stormwater
facilities.
13.07.050 Utility Administration. The Stormwater
Management Utility shall be administered by the City's Public
Works Director.
13.07.060 User Charge Imposed. All persons responsible
for impervious and semi -impervious surfaces within the City
that contribute runoff to the stormwater system will be
responsible for paying a stormwater user charge as set forth in
the City's Utility Fee Schedule as adopted and amended from
time to time by resolution of the City Council.
13.07.070 System of Rates and Charges.
A. User charges. The City will impose a monthly
stormwater user charge on each parcel of real property within
the City except governmentally -owned streets. The user charges
shall fund the administration, planning, design, construction,
water quality programming, operation, maintenance and repair of
existing and future stormwater facilities.
B. Method of determining user charge rates. Stormwater
user charge rates shall be set forth in the City's "Utility Fee
Schedule" and will be assessed based on the number of
stormwater ERU's for a given parcel determined in accordance
with paragraphs (1) and (2) below.
(1) Single-family residential parcels: Single-family
residential and duplex parcels shall be charged for one (1)
stormwater ERU, regardless of the amount of impervious area on
the parcel.
(2) A11 other parcels: the number of stormwater ERU's for
all other parcels is the sum of the values (a) and (b) below,
calculated for the parcel:
a) the total amount of impervious surface area of the
parcel measured in square feet divided by 3,000
(value of one ERU)
b) the total amount of semi -pervious area of the
parcel measured in square feet divided by 6,000
C. Method of determining amount of impervious area. The
amount of impervious surface area for all parcels has
been initially determined using aerial photography. The
impervious surface value for any given parcel will be updated
as necessary to reflect changes in the use or subdivision of
the property.
Ordinance #2008-18 Page 4 of 7
D. Method of determining amount of semi -impervious area.
There has not been an initial determination of semi -impervious
area due to the limitations of the aerial photography
methodology. If a non-residential customer believes that some
of the impervious area calculated for their parcel should be
classified as semi -impervious, an appeal may be filed in
accordance with Section 13.07.090. Upon receipt of an appeal
appealing the classification of impervious area a site specific
field determination of the amount of semi -impervious area, if
any, will made by the Director using the definitions set forth
in this chapter.
13.07.080 Billing and Collection.
A. Enterprise Fund Established. The City Council hereby
establishes a stormwater utility enterprise fund to handle all
income, expenses and other financial transactions related to
the operation, maintenance and improvement of stormwater
facilities with the City. All stormwater utility fees collected
shall be deposited in the stormwater utility enterprise fund.
Monies in the stormwater utility enterprise fund shall not be
commingled with or transferred to other City funds. However,
the stormwater utility enterprise fund may pay other City funds
for serviced and expenses directly attributable to the
utility's activities. The stormwater utility enterprise fund
shall be operated according to State law and City ordinances,
rules, regulations and policies.
B. Billing. The City's stormwater system, sanitary sewer
system, culinary water system, and solid waste collection
system are interrelated services that are part of a unified
City plan to provide for the health, safety and welfare of the
City and its residents in an environmentally responsible
manner. Therefore, the storm sewer utility fee shall be
included on the City's regular monthly utility bill for any
given property as a separate line item. For developed parcels
that do not receive any other city utility services, the owner
of record will be billed for the stormwater user charge.
C. Collection. Stormwater user charges shall be
considered delinquent if not paid as determined by the
procedures established by the City and will be a debt to the
City, which shall be subject to recovery in a civil action. The
City and the Stormwater Utility are hereby specifically
authorized to impose late fees, interest charges and costs of
collection, including attorney's fees, on delinquent properties
or accounts, as set forth in the City's Utility Rate Schedule.
Ordinance #2008-18 Page 5 of 7
13.07.090 Appeal of Charges.
A. Any customer who disagrees with the stormwater user
charge for his or her parcel may apply to the Director for an
adjustment to the charges. The adjustment
request must state the ground for the requested
adjustment and must be filed in writing with the Director no
later than thirty (30) days after receipt of the billing. The
Director shall review the request and basis for the user charge
to determine whether an error was made in the calculation or
application of the charge. The Director may approve
an adjustment to the charge.
B. Any nonresidential customer whose parcel has a
minimum of 3,000 square feet of gravel or dirt surface that
they feel may have been classified as impervious surface may
appeal said classification to the Director. Upon appeal, the
Director shall conduct an onsite visual inspection to determine
if any portion of the parcel classified as impervious surface
should in fact have been classified as semi -impervious surface
or pervious surface.
C. An appeal of a Director's decision may be brought
before the City Manager within thirty (30) days after the date
of the Director's decision. Decision of the City Manager shall
be final and conclusive.
D. If an appeal of charges is successful, credit will
be applied to all charges from the time of the appealed
billing, and will be reflected on a future billing after the
appeal is granted.
13.07.100 Dumping into Stormwater System Prohibited. The
only substance allowed to be discharge under this chapter in to
the city's stormwater system is stormwater, surface drainage,
subsurface drainage, groundwater, roof runoff, or other non -
polluted water. Such water may be discharged only into
stormwater facilities which have adequate capacity for the
accommodation of such water as determined by the City Engineer.
Such discharged water shall comply with applicable State and
Federal stormwater quality standards.
13.07.110 Obstruction of Stormwater Flow Prohibited. It is
unlawful for any person to obstruct or contribute to the
obstruction of the flow of stormwater into any sump, retention
basin, storm drain, curb and gutter, drain inlet, or other
associated structural controls that convey stormwater and/or
Ld
Ordinance #2008-18 Page 6 of 7
non -storm runoff, unless the obstruction is authorized in
writing by the Director.
13.07.120 Enforcement. The provisions of this Chapter may
be enforced through the provisions of this Code, or by filing
civil or criminal actions in the District Court as provided by
law. The City has the sole discretion to decide whether to file
a civil or criminal case for a violation. The possibility of an
administrative remedy pursuant to this Code shall in no way
interfere with the city's right to prosecute violations of this
chapter as criminal offenses.
This ordinance shall take effect June 11, 2008.
Passed and adopted by action of the Governing Body of the City
of Moab in open session this 10th day of June 2008.
City of Moftb
Mayor David L. Sakrison
test:
Rachel Ellison
City Recorder
Ordinance #2008-18 Page 7 of 7