20-7-107. SYSTEM OF RATES AND CHARGES.
(1) Service Fees Imposed. Except as provided below, the City will impose storm sewer drainage fee rates and charges on each parcel of real property within the City except governmentally owned streets and storm water facilities operated and maintained by, or for, the Storm Water Utility, the County or the State of Utah.
(2) Use of Funds Collected. The charges shall fund the administration, planning, design, construction, operation, maintenance, and repair of existing and future storm water facilities. Storm Water Utility fees shall also fund water quality improvement programs required by West Valley City’s Utah Pollutant Discharge Elimination System (UPDES) Permit from the Department of Environmental Quality of the State of Utah. These programs include public education and outreach programs, illicit discharge detection and elimination programs, construction site storm water management, post-construction storm water management, and municipal operations to prevent and eliminate storm water pollution.
(3) Methods of Determining Contribution of Storm Water.
a. Contributions of storm water from nonresidential parcels and residential parcels larger than duplexes have been ascertained by determining and measuring impervious surface area using current aerial photography or from approved project plans.
b. Contributions of storm water from residential parcels have been ascertained by measuring impervious area on randomly selected parcels, to obtain an average impervious area.
(4) Method of Determining Service Fee Rates. Storm drainage service fees shall be assessed on each parcel of real property within the City (including City-owned properties), except government-owned streets and utility, state or county storm water facilities. Monthly service fees shall set forth in the Consolidated Fee Schedule and shall be differentiated according to the following classifications:
a. Rate A. This is the standard rate which shall apply to all parcels which contribute runoff to the storm water system and do not qualify for a lesser rate. Rate A applies to:
i. Single-Family Residential Parcels. Each parcel shall constitute one Equivalent Residential Unit (ERU).
ii. Duplex Parcels. Each duplex parcel shall be charged two ERU’s per parcel, or one ERU per dwelling unit.
iii. Planned Unit Developments (PUDs) or Condominiums which choose to have individual property owners billed separately, rather than paying for the entire development on one bill.
iv. Other Parcels. Charges for all other parcels shall be computed by multiplying the total ERU’s for a parcel by the monthly rate.
b. Rate B.
i. Properties Which Implement Treatment Control Best Management Practices Prior to July 1, 2020. Prior to July 1, 2020, a reduced rate was offered for commercial, industrial, institutional and multi-family developments which implemented long term treatment control practices to remove pollutants from storm runoff. New storm runoff requirements from the Department of Environmental Quality, included in the City’s current (UPDES) permit, have replaced encouragement and incentive language with mandatory requirements. With the exception of properties included in subsection 4(b)(ii) below, no new developments will be eligible for Rate B. With the exception of redeveloped sites, properties eligible for Rate B prior to July 1, 2020, may remain on Rate B.
ii. Planned Unit Developments (PUDs) and Condominiums. Rate B applies to Planned Unit Developments (PUDs) and Condominiums with a total impervious surface area less than one Equivalent Residential Unit (ERU) per unit; provided, that the entire PUD development site and/or Condominium development site is billed under one bill.
c. Rate C. Some areas of the City are designated as retention or infiltration areas in the Storm Drainage Master Plan. Developments in these areas are designed to discharge no storm water runoff from the site. These properties and properties in other parts of the City, which retain all storm water on site, are beneficiaries of the Storm Water Utility, even though they have no direct storm water discharge. An analysis of the Utility costs has shown that approximately one-half of the Utility’s costs are fixed program expenditures not directly affected by runoff from individual parcels. The costs of compliance with the City’s UPDES Permit, and maintenance of the City’s street drainage system are examples of fixed costs, which benefit properties not contributing runoff to the Storm Water Utility system. Rate C applies to all properties which retain all storm water runoff. Planned Unit Developments (PUDs) or Condominiums that meet retainage requirements under this Section may be charged Rate C.
d. No Charge. There will be no service charge for undeveloped parcels. Similarly, there will be no charge for sparsely developed parcels which include impervious surface areas which are:
i. Within a parcel, or combination of parcels with the same ownership, which exceeds 100 acres in size; and
ii. Distant from the storm drainage system, such that the possibility of a future connection to the system is remote; and
iii. Isolated from other impervious areas; and
iv. Adjacent to an undeveloped area of equal size, owned or controlled by the same property owner, capable of absorbing the runoff from the impervious surfaces.