Tracy Municipal Code Ch. 11.32 Storm and Surface Water Management Enterprise and Utility

The City Council is aware of the problems facing the City relating to stormwater runoff in terms of public safety, flooding, property damage, erosion and water quality. The Council finds that property within the City is subject to damage from storm and surface water from existing watercourses and storm drainage facilities which are currently maintained at a lower level than is desirable due to lack of funding.

All developed real property in the City contributes storm and surface water runoff to the storm drainage system thereby adding to the storm drainage problem, of which increased runoff would not otherwise flow from such property in an unimproved condition. All developed real property in the City uses benefits from the storm drainage system.

It is the purpose of this chapter to provide for an effective means to adequately manage the City's storm drainage facilities.

The City has studied the storm and surface water runoff and the existing and proposed storm and surface water management system and associated improvements and determined that the storm and surface water management system should be operated, maintained, constructed and reconstructed where appropriate as an enterprise and utility funded by user charges as are other utilities of the City.

The City Council therefore finds that a need exists for additional funding for the storm and surface water management program of the City and that the use of service charges is the most equitable method of providing this funding.

(Prior code § 11-8.01)

For purposes of this chapter, the following words and terms shall be defined as follows, unless the context in which they are used clearly indicates otherwise.

(a) "Enterprise" shall also mean the Storm Drainage Enterprise operated as a utility of the City.

(b) "City" shall mean the City of Tracy.

(c) "Director" shall mean the Utilities Director of the City.

(d) "Developed parcel" shall mean any lot or parcel of land altered from its natural state by the construction, creation or addition of impervious area, except public streets and highways.

(e) "Equivalent Consumer Unit (ECU)" shall mean the basic unit for the computation of storm drainage fees. All single-family and duplex units are one ECU based on data for the City, and are considered to have an average impervious area of 3,140 square feet. All other properties will have ECUs computed to the nearest 1/10th ECU using the following formula:

No. of ECUs = Impervious Area (Sq. ft.)

3,140 Sq. Ft.

No developed parcel shall have an ECU of less than 1.0.

(f) "Impervious area" shall mean any part of any developed parcel of land that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes any hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions pre-existent to development, and/or a hard surface in greater quantities or at an increased rate of flow from the flow present under natural conditions pre-existent to development. By way of example, common impervious areas include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, or any cleared, graded, paved graveled or compacted surface or packed earthen materials, or areas covered with surfaces which similarly impede the natural infiltration of surface water into the soil mantle.

(g) "Nonsingle-family residential property" shall include all developed parcels zoned or used for multi-family, commercial, industrial retail, governmental, or other nonsingle-family residential purposes and shall include all developed parcels in the City not defined as single-family residential property herein.

(h) "Parcel" shall mean the smallest separately segregated lot, unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given an Assessor's parcel number by the San Joaquin County Assessor.

(i) "Single-family residential property" shall include all developed parcels with either one single-family detached housing unit or one two-unit attached dwelling structure commonly known as a "duplex."

(j) "Storm and surface water control facilities" shall mean all manmade structures or natural watercourse facility improvements, developments, properties or interest therein, made, constructed or acquired for the conveyance of storm or surface water runoff for the purpose of improving the quality of, controlling, or protecting life or property from any storm, flood or surplus waters.

(k) "Storm drainage facilities" shall mean the storm and surface water drainage systems comprised of storm water control facilities and any other natural features which store, control, treat and or convey storm and surface water. Storm drainage facilities shall include all natural and manmade elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable receiving body of water or location internal or external to the boundaries of the City. They include all pipes, appurtenant features, culverts, streets, curbs, gutters, pumping station, channels, streams, ditches, wetlands, detention/retention basins, ponds and other storm water conveyance and treatment facilities whether public or private. Regardless of whether or not the City shall have recorded rights-of-way or easements, it is presumed that the City has a prescriptive right of access to all storm drainage facilities for operation, maintenance, rehabilitation, or replacement.

(l) "Storm and surface water" shall mean water occurring on the surface of the land, from natural causes such as rainfall, whether falling or flowing onto land in question.

(m) "Undeveloped parcel" shall mean any parcel which has not been altered from its natural state by the construction, creation, or addition of impervious area.

(Prior code § 11-8.02)

(a) Authorization to form enterprise. Storm drainage enterprise formation is authorized under the Revenue Bond Law of 1941, (Government Code Sec. 54314). The formation of this enterprise does not require a vote of the populace and may be set up to charge a fee for services provided for all the existing community or portions thereof at the discretion of the City Council.

The provisions of Government Code Sec. 54314 empower the City Council by a two-thirds (⅔) vote and after two (2) duly noticed public hearings to adopt an enterprise ordinance that will provide the basis for collecting funds, the right to use those funds in the operation of a storm drainage enterprise, to establish and amend prohibitions on discharges, to provide opportunities for bond sales for capital improvements and all other functions that facilitate the operation and maintenance of an enterprise.

(b) Managing Authority. The storm drainage enterprise shall be under the general direction of the City Manager.

(Prior code § 11-8.03)

(a) There is hereby imposed on each and every developed parcel of land within the City, and the owner and occupiers thereof, jointly and severally, a storm drainage fee. This fee is deemed reasonable and is necessary to pay for (1) improving the quality of storm and surface water, (2) the operation, maintenance, improvement and replacement of the existing City storm drainage control facilities, and (3) the operation, maintenance, and replacement of future such facilities. All of the proceeds of these fees are deemed to be in payment for use of City storm drainage facilities by the developed parcels on, and with respect to, which the fee is imposed, and the owner and/or occupiers thereof. The Council may amend the fee scheduled by resolution action from time to time as deemed appropriate for maintenance of the enterprise.

(b) The storm drainage fee shall be payable monthly and shall be paid to the City, as billed by the City, by the owner or occupier of each and every developed parcel in the City who shall be presumed to be the primary utility rate payer of the City utility services unless otherwise agreed to in writing by the City. In any event, the parcel owner or occupier shall be responsible to pay all unpaid or delinquent storm drainage fees. If a developed parcel does not have a utility account on the effective date of the ordinance codified in this chapter, a new account shall be established for that parcel and billed to the owner as shown on the latest County Assessor's property tax rolls until such time as a primary utility account is established for other City utilities. When an undeveloped parcel is developed, account shall be established and billed to the owner of that parcel until such time as a primary utility account is established for other City utilities.

(c) Basis for calculation. The storm drainage fee shall be based on the relative contribution of storm and surface water from a given developed parcel to City storm drainage facilities. The relative contribution of storm and surface water from each developed parcel shall be based on the amount of impervious area on that parcel and shall determine that parcel's storm drainage fee. The extent of impervious area will be established to the nearest square foot by any of the following methods:

(1) Computation of the impervious area using on-site measurements of the apparent outside boundaries of the impervious area in or on such developed parcels made by the City or on its behalf;

(2) Computation of the impervious area using the dimensions of the impervious area in or on the developed parcel which are set fourth and contained in the records of the office of the County Assessor; or

(3) Estimation, calculation and computation of the impervious area using aerial photography or photogrammetry, or using the information and data from on-site measurements of like or similar property or features or as contained in the records of the City or County.

(Prior code § 11-8.04)

(a) Developed parcels. Storm drainage fees shall apply to all developed parcels within the City, including those classified as nonprofit or tax-exempt for ad valorem tax purposes. It shall apply to all government properties, to the full extent permitted by the constitutions of the United States and the State of California, including developed parcels of the City, including City-owned buildings and parks, but excluding public streets and highways.

(b) Undeveloped parcels. Storm drainage fees shall not be levied against undeveloped parcels that have not been altered from their natural state as defined herein under "Impervious Area."

(c) Proportional reduction of fees. Developed parcels that have their own maintained storm drainage facility or facilities that do not fully utilize City facilities or make no substantial or only a partial contribution of storm or surface water to the City's storm drainage facilities shall be subject to the storm drainage fee only to the extent they do contribute storm and surface water to City storm drainage facilities or utilize storm and surface water treatment services of the City. Developed parcels that have a portion of their impervious area within the City shall be charged only for that portion of impervious area which is in the City. The burden of establishing the reduced extent of contribution to the City's storm drainage facilities or utilization of the City storm and surface water treatment services shall be on the parcel owner and to the satisfaction of the Utilities Director under Administrative Review Procedures.

(Prior code § 11-8.05)

The City costs incurred by reasons of appeals by a permittee, which result in additional study, will be charged directly to the permittee.

Any applicant affected by any decision, action or determination made by the Director interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Director written request for reconsideration within ten (10) days, setting forth in detail the facts supporting the user's request for reconsideration. Such facts must include a statement listing newly discovered relevant facts that were not known or available to the user at the date of the hearing. The Director shall render a decision on the request for reconsideration to the applicant in writing within fifteen (15) days of receipt of request. If the ruling on the request for reconsideration made by the Director is unacceptable, or if there is no request for reconsideration and the original ruling is unacceptable, the person requesting reconsideration may, within ten (10) days after the date of notification of the Utilities Director's action, file a written appeal to the City Manager under section 1.12.010.

(Ord. 1111 § 4 Exh. A (part), 2007: prior code § 11-8.06)

This schedule applies to all storm and surface water drainage service, excepting only those users and to the extent that they are constitutionally exempt under the Constitution of the State of California or who are determined to be exempt pursuant to section 11.32.050(a) of this chapter.

(Prior code § 11-8.07)