Document Millcreek_doc_670733baaa

DOCUMENT PROPOSAL TITLE Storm Water Fee Policy Manual June 2020 ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL JUNE 2020 ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 1 TABLE OF CONTENTS 1. Intoduction 2 2. How Does the Fee Benefit the 2 3. Storm Water Utility Organization and Authority 4 4. Definitions 4 5. Enforcement 6 6. Fee 6 6.1 Equivalent Residential Units 7 6.1.1 Customer Class 1: Single Family Residential with lots 11,000 Square Feet or under 7 6.1.2 Customer Class 2: Single Family Residential with lots over 11,000 Square Feet 7 6.1.3 Customer Class 3: Commercial / Institutional / Civic / Mixed Use 8 6.1.4 Customer Class 4: Multi-Family Residential (Stacked Housing / Condominiums / Apartments) 8 6.1.5 Customer Class 5: Multi-Family Residential (Townhomes and Duplexes) 9 6.2 Storm Water Fee 9 6.3 Storm Water Fee Hardship or Active Duty Military Waiver: Classes 1, 2, 4, and 5 9 6.4 Fee Calculation 9 7. Fee Determination Procedures for New Construction 10 8. Fee Determination Procedures for Existing Properties 10 9. Adjustment/Appeals Process 11 9.1 Adjustments due to property changes 11 9.2 Appeals of Storm Water Fee Determinations 11 9.3 Appeals of Credit Eligibility Decisions 11 9.4 Appeals of Waiver Decisions 12 10. Credit Program 12 10.1 Credit Program General Policies 12 10.2 Ownership Requirements 13 10.3 Application Procedures 14 10.4 Storm Water Credit Application 14 10.5 Supporting Documentation 14 10.6 Application Fee 14 10.7 Credits and Credit Requirements 15 10.8 Customer Owned and Maintained Detention 15 10.9 Customer Owned and Maintained Retention Credit 16 10.10 Storm Water Personnel Training 17 11. Hardship or active Duty military (deployed) Waiver 18 11.1 Hardship or Active Duty Military Waiver Program General Policies 18 11.2 Waiver Value 18 11.3 Application Procedures 18 11.4 Supporting Documentation 19 11.5 Application Fee 19 12. Billing and Payment 19 13. Updating the Fee 19 ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 2 1. INTODUCTION Upon incorporating in December 2016, Millcreek began evaluating the storm water management facilities that it inherited from Salt Lake County. Millcreek staff discovered that the storm drain infrastructure records were incomplete and that many of the storm water management facilities were in poor condition, some having failed and in need of being replaced. Millcreek also requires personnel and equipment to conduct day-to-day maintenance and management activities of the storm water system (such as pipe and inlet cleaning and street sweeping) and to meet the significant regulatory requirements associated with storm water pollution prevention and Millcreek’s Municipal Separate Storm Sewer System (MS4) Permit issued by the State and the EPA. Therefore, in 2018 Millcreek began exploring the possibility of creating a storm water utility to fund operations, replace aging infrastructure, resolve system deficiencies, and perform other required activities associated with the Federal Clean Water Act and the Millcreek’s Municipal Separate Storm Sewer System Permit (MS4 Permit). After a detailed analysis and public outreach, the City Council created the utility and adopted the fee in June of 2020. The purpose of this policy manual is to define how the storm water utility fees are set and administered. In the event of any conflict between this policy manual and the adoption ordinances, the ordinances shall govern. Details regarding the technical analysis that underlies the established fee amount and fee structure are available in the latest edition of the Storm Water Utility Fee Analysis Report1, which is available on Millcreek’s website. 2. HOW DOES THE FEE BENEFIT THE COMMUNITY? A storm water utility fee is similar to a water or sewer utility fee. It is paid by customers to cover the cost of operating, maintaining, and improving a storm water system and running a storm water program. It is structured so customers pay an amount relative to their approximate share of system use (i.e. use the system more, pay more; use the system less, pay less. The services paid for by the fee include: • Ongoing inspection, maintenance, and cleaning of the storm water system infrastructure; • Storm water construction projects (rehabilitation, replacement, and new construction); • Municipal housekeeping including street sweeping of public roadways (which helps keep storm water infrastructure clean and functioning); • Inspection of private storm water management facilities for compliance with Storm Water Maintenance Agreements; • Inspections of construction sites to confirm that actions are being taken to reduce the potential for storm water pollution and that the storm water system infrastructure is protected; and • Regulatory Compliance for Millcreek’s MS4 Permit that is associated with the Federal Clean Water Act. 1 The storm Water Utility Fee Analysis Report is updated every several years to re-evaluate the fee and ensure revenues and expenditures match up (i.e. that the fee is neither over collecting nor under collecting based on changing conditions). ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 3 These services are important because they help enhance water quality and help protect people and property from flooding during large storm events. Proper storm water infrastructure is also key in extending the service life of roadways. In addition, many activities are required by law via Clean Water Act, which requires Millcreek implement measures that reduce the potential of polluting storm water runoff to the maximum extent practical and to utilize low impact development practices to reduce the amount of storm water runoff associated with new development. Prior to the adoption of the storm water fee, Millcreek was unable to fund a storm water program at an adequate level to keep up with all needs and regulatory requirements. Instead, Millcreek consistently needed to use road funds to respond to emergencies associated with the failure of storm water infrastructure. This was an unsustainable funding model because it did not support the full needs of the storm water program and, took funds that were budgeted for roads and other needed capital improvements, and exhausted resources on emergency repair projects. It is better to make needed storm water system improvements proactively rather than in response to an emergency. By funding required storm water management activities through this utility fee, storm water management needs will no longer compete with other City services that are funded by the general fund. The fee is a defensible, fair, and sustainable method to fund the storm water management program and is used by nearly all communities in the Salt Lake Valley. One other advantage of the fee is that it is charged to all system users, whereas funding storm water needs via taxes would not collect from tax exempt users, even when such users create relatively large demands on the storm water system. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 4 3. STORM WATER UTILITY ORGANIZATION AND AUTHORITY The storm water utility is owned and operated by Millcreek under the ultimate authority of the City Council. Operations of the storm water utility and expenditures of the storm water fee are overseen by the City Engineer (and based on City Council approved budgets). Key Storm Water Utility personnel are as follows: • Storm Water Director • Storm Water Engineer • Storm Water Lead Inspector • Storm Water Billing Specialist • Storm Water Operations Lead For all storm water related questions, please contact: • Storm Water Engineer at [PHONE REDACTED] or [EMAIL REDACTED] Information related to the storm water fee, the credit application, and the hardship application can be found at the following link or at Millcreek City Hall: • 4. DEFINITIONS Key terms referenced in this Policy Manual are defined as follows: • 100-year, 24-hour Storm Event – This storm event is defined in Millcreek Code 17.20.020 • Account Number – The number Millcreek issues to each customer’s utility/billing account. • Billing Date – The date the bill is sent from Millcreek’s contract provider. • Capital Facilities – City owned infrastructure, including but not limited to pipelines, detention/retention basins, manholes, and filtration devices. • Millcreek Design Standards – Typical City requirements for new and redevelopment projects and documented in the most recent publication of Millcreek Standard Plans for Public Works Construction • Credit – This word has two uses in this manual. o 1. An approved reduction in a customer’s normally calculated storm water fee for certain qualifying credit eligible activities. o 2. An “account credit”, which is a utility account balance in the customer’s favor. When this condition exists, future billings may be made against the account credit balance. • Credit Eligible Practices/Activities – Practices for which a customer has the potential to earn a credit (reduction) in the calculated storm water fee associated with a specific site. These practices reduce City storm water system costs and help meet Millcreek’s storm water goals. • Customer – Person or entity subject to a storm water fee. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 5 • Customer Class – A class of customers that shares common characteristics of impervious area and are billed in the same way. The storm water fee includes several customer classes. • Detention Facility – A system that provides temporary storage of storm water runoff with a designed release rate of the stored runoff over time to reduce the peak storm water discharge rate from a site and mitigate the property’s impacts on Millcreek’s storm water system. • Due Date – The date the fee payment is due. • Equivalent Residential Unit (ERU) – To standardize billing and allocate costs equitably among different customers (based on impervious area), Millcreek has established an Equivalent Residential Unit (ERU) as the base billing unit. One ERU is equal to the average amount of impervious area found on the average single-family residence, or 4,000 square feet. • Fee – The Fee is the amount charged to each individual customer in accordance with the number of ERUs associated with each customer. This is different from the rate. The rate is the amount of billing per ERU. The fee is affected by customer class and for Class 3 customers, it is determined by the amount of impervious surface area on the property. • Governing Storm Event – This storm event is defined by the City Engineer for use in evaluating storm water system design and capacity. • Impervious Service Area (ISA) – Land area covered by low- or non-porous surfaces through which storm water cannot directly and readily soak into the ground. These surfaces cause a reduced quality of runoff water and/or cause water to run off in greater quantities or at greater rates than would run off a natural, undeveloped surface. Examples include: building roof tops; driveways; parking lots; storage areas; areas consisting of compacted, engineered materials (road base, crushed rock, etc.); and patios. • Infiltration – Passage or movement of water into the soil. • Storm Water Credit Agreement (SWCA) – An agreement executed by a customer and Millcreek which defines the responsibilities of the customer with respect to owning, operating, and maintaining private storm water infrastructure as well as reporting to Millcreek regarding those activities (and is a requisite of qualifying for a credit). • Municipal Separate Storm Sewer System (MS4) Compliance – MS4 stands for Municipal Separate Storm Sewer System. This refers to storm drainage systems that have discharges that are not treated by a sewage treatment plant. Nearly all storm water systems in the western US (including Millcreek’s) fall into this category. The EPA sets standards for storm water runoff to reduce the discharge of pollutants from MS4s into surface waters such as rivers and streams. Utah dispenses these regulations under primacy through the Department of Environmental Quality (DEQ), which administers Utah’s MS4 Permits (including the permit governing the Millcreek storm water system). To maintain MS4 permit compliance, Millcreek must create and follow a plan to adhere to storm water quality standards. Compliance includes public education and involvement, illicit discharge detection and elimination, construction site run-off control, long-term storm water management, and other pollution monitoring and prevention activities. The MS4 permit expires and is renewed every several years. Upon renewal the requirements of compliance are often adjusted. • Parcel – The smallest separately segregated unit of land having an owner. A parcel has boundaries and surface area and has been assigned a property identification number by the Salt Lake County Assessor’s Office. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 6 • Rate – The charge applied to each ERU, which is the base billing unit for the fee. The schedule showing the rate for the current year is published in Millcreek’s Consolidated Fee Schedule. • Retention Facility – A system that stores storm water runoff and prevents the release of a certain volume of runoff to a surface water body. The water thus stored either infiltrates and becomes groundwater or evaporates, or both. • Runoff – The part of storm water (precipitation) that runs off the land into public streets and storm systems, streams, or other surface water bodies. • Service Period – The period of time that service was provided, which is covered by the bill. • Storm Water – Water that is generally produced by rain and snowmelt events and, in the context of the Storm Water Utility, is handled by the storm water system. • Storm Water Program – The collection of all City operations that are needed to successfully provide, maintain, and operate, and comply with regulations for the storm water system. • Storm Water System – The system of City storm water collection, conveyance, storage, and treatment infrastructure maintained by Millcreek to provide safe conveyance of runoff out of Millcreek. This includes inlets, manholes, pipes, culverts, detention basins, water quality devices, etc. • Storm Water Utility – Millcreek organization that is responsible for collecting the storm water fee and using those funds to pay for costs associated with storm water management personnel, equipment, assets, asset management, inspections, and other work associated with meeting the goals and requirements of Millcreek’s storm water management plan and associated federal and state regulatory requirements. • Storm Water Utility Fee Analysis Report – The report prepared to document the underlying technical analysis for establishment of a storm water utility and setting the appropriate fee. New versions of this document will be released from time to time as needed to keep the utility and fee up to date. • Vactoring – The typical method of cleaning storm water infrastructure, especially inlets or catch basins, pipes, and water quality devices which have trapped solids or floatable contaminants. It consists of vacuuming out sediment, debris, leaves, etc., with a vactor truck (“vacuum truck”). 5. ENFORCEMENT It should be noted that the storm water utility inspectors are charged with enforcing regulations related to preserving storm water quality and preserving storm water infrastructure from damage. The storm water fee covers the day-to-day costs of this enforcement. However, the fines associated with violations issued by Millcreek staff and some of the inspection costs for construction period monitoring are addressed separately from the storm water fee. For information regarding fines for City storm water code violations, see current adopted Millcreek code. 6. FEE STRUCTURE The Storm Water Utility Fee is structured around the following five customer types: • Class 1: Single Family Residential with lots 11,000 Square Feet or less; • Class 2: Single Family Residential with lots over 11,000 Square Feet; ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 7 • Class 3: Commercial / Institutional / Civic / Mixed Use; • Class 4: Multi-Family Residential (Stacked Housing / Condominiums / Apartments); and • Class 5: Multi-Family Residential (Townhomes and Duplexes) The fee structures for each of these customer types are based on a common base billing unit called an Equivalent Residential Unit (ERU), which is described below in Section 6.1. Use of the ERU allows each bill to be based on the amount of storm water runoff generated. The fee structure also includes a provision for qualifying customers to obtain a credit to further provide for equity in special circumstances (see Section 10). For those in Classes 1, 2, 4, and 5, a fee waiver in case of hardship or active duty military (deployed) is available (See Section 11). Undeveloped properties are not subject to a storm water fee. 6.1 Equivalent Residential Units Because runoff to the storm water system comes principally from impervious areas, impervious surface area (ISA) is considered an adequate analogous measurement to the volume of runoff a particular property contributes to the storm water system. Therefore, impervious area is the basis of the Storm Water Fee. However, billing a Storm Water Fee per square foot of impervious area is impractical. Therefore, to create a convenient unit around which the Storm Water Fee can be billed, an Equivalent Residential Unit (ERU) has been set at the amount of contribution to the storm water system (i.e. the amount of impervious area) of a typical single-family residence. The fee for each customer, therefore, is based on the number “ERUs-worth” of ISA. This is the typical approach used for billing for storm water services in the industry. After reviewing more than 100 single family residences from all over Millcreek, a detailed analysis performed by Millcreek staff determined that the average Single-Family residency has an Impervious Surface Area (ISA) of approximately 4,000 square feet (SF). Bowen Collins & Associates (the consultant who conducted the Storm Water Utility Fee Analysis) reviewed the City’s ISA analysis. Each customer is assigned a number of ERUs that approximately represents the impact their property has on the storm water system. Each ERU is charged at the same rate each month. The total fee for each customer is based on this rate, the number of ERUs associated with the site, and any credits for which he has been approved. 6.1.1 Customer Class 1: Single Family Residential with lots 11,000 Square Feet or under This class of customer includes all customers with a single residential structure designed for a single family which sits on a lot 11,000 Square Feet or under. Based on analyses performed to estimate the average impervious surface area for single family residential lots that are smaller than 11,000 square feet, all Class 1 customers will be assessed 0.9 ERUs. Class 1 customers may be eligible for a hardship or active duty military (deployed) waiver. See Section 11 for information on the waiver. In some cases, where an HOA applies for a credit on behalf of the residents within the HOA or apartment complex, a credit could be approved for those residential customers. See Section 10 for information on credits. 6.1.2 Customer Class 2: Single Family Residential with lots over 11,000 Square Feet This class of customer includes all customers with a single residential structure designed for a single family which sits on a lot over 11,000 Square Feet. Based on analyses performed to ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 8 estimate the average impervious surface area for single family residential lots that are larger than 11,000 square feet, all Class 2 customers will be assessed 1.6 ERUs. Class 2 customers may be eligible for a hardship or active duty military (deployed) waiver. See Section 11 for information on the waiver. In some cases, where an HOA applies for a credit on behalf of the residents within the HOA or apartment complex, a credit could be approved for those residential customers. See Section 10 for information on credits. 6.1.3 Customer Class 3: Commercial / Institutional / Civic / Mixed Use This class of customer includes all other types of properties such as commercial and industrial businesses, mixed use, government buildings, churches, schools, factories, parks, etc. These properties vary significantly in size and in the amount of associated ISA. Because of the variation of ISA within this customer class, the user fee for each Class 3 customer will be based on an individual analysis of ISA from which the number of ERUs to be billed will be determined. ERUs will be calculated for each individual property and are based on impervious surface area (ISA). Millcreek staff will calculate ISA and the resulting ERUs for existing developments. ERUs for new development will be computed as described in Section 7. The formula for determining the number of ERUs for each property is as follows: Class 3 Formula: 𝑃𝑟𝑜𝑝𝑒𝑟𝑡𝑦 𝑆𝐹 𝐼𝑆𝐴 4,000 𝑆𝐹 𝐼𝑆𝐴 𝑝𝑒𝑟 𝐸𝑅𝑈= 𝐴𝑐𝑐𝑜𝑢𝑛𝑡 𝐸𝑅𝑈𝑠 Class 3 Example Calculation: 103,700 𝑆𝐹 𝐼𝑆𝐴 4,000 𝑆𝐹 𝐼𝑆𝐴 𝑝𝑒𝑟 𝐸𝑅𝑈= 25.9 𝐸𝑅𝑈𝑠 Notes ISA = “Impervious Surface Area” Formula results should be rounded up to the nearest tenth of an ERU to facilitate consistent administration, and shall not be less than 1 ERU Class 3 customers may be eligible for storm water fee credits. The minimum number of ERUs for a Class 3 customer is 1.0 ERUs. See Section 10 for information on credits. 6.1.4 Customer Class 4: Multi-Family Residential (Stacked Housing / Condominiums / Apartments) This class of customer is associated with residential dwellings that are contiguous with other dwellings which are stacked one above another on multiple levels. The detailed analysis described in the Storm Water Utility Fee Analysis Report indicated that the average Class 4 dwelling’s ISA (and thus system use) to be approximately equal to 0.4 ERUs. Therefore, all Class 4 customers will be assessed 0.4 ERUs. Class 4 customers may be eligible for a hardship or active duty military (deployed) waiver. See Section 11 for information on the waiver. In some cases, where an HOA or an apartment complex manager (or similar entity) applies for a credit on behalf of the residents within the HOA or apartment complex, a credit could be approved for those residential customers. See Section 10 for information on credits. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 9 6.1.5 Customer Class 5: Multi-Family Residential (Townhomes and Duplexes) This class of customer is associated with residential dwellings that generally connect to adjoining units but where a single family would occupy an area represented by a 2-dimensional footprint, not stacked on multiple levels. The dwellings are separate pieces of real property. In Millcreek, the main type of dwelling in this class is a townhome, but dwellings like duplexes are also included. The detailed analysis described in the Storm Water Utility Fee Analysis Report indicated that the average Class 5 dwelling’s ISA (and thus system use) to be approximately equal to 0.8 ERUs. Therefore, all Class 5 Customer accounts will be assessed 0.8 ERUs. Class 5 customers may be eligible for a hardship or active duty military (deployed) waiver. See Section 11 for information on the waiver. In some cases, where an HOA or an apartment complex manager (or similar entity) applies for a credit on behalf of the residents within the HOA or apartment complex, a credit could be approved for those residential customers. See section 10 for information on credits. 6.2 Storm Water Fee Credits In some cases, qualifying customers may engage in practices and activities that assist Millcreek in meeting its storm water goals and reduce Millcreek’s storm water system costs. These types of practices and activities are beneficial because they reduce the quantity of water entering Millcreek’s storm water system. Because some customers do, and some do not engage in these types of activities, and to provide equity between customers, a credit program has been adopted. This program allows a billing credit to be applied for approved practices and improvements which reduce negative impacts to storm water quantity or quality. The list of available credits, application procedures, eligibility and performance requirements, and other policies related to the credit program are described in detail in Section 10 of this manual. 6.3 Storm Water Fee Hardship or Active Duty Military Waiver: Classes 1, 2, 4, and 5 In some cases, Class 1, 2, 4, and 5 customers may qualify for a waiver to address financial hardship. Deployed active duty military personnel may also qualify for a waiver. Hardship or active duty military (deployed) application procedures, eligibility requirements, and other policies related to the waiver are described in detail in Section 11 of this manual. 6.4 Fee Calculation Billing rates for each customer will be determined as: Customer Class 1, 2, 4, and 5 Formula: 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝐹𝑒𝑒= (𝐶𝑢𝑠𝑡𝑜𝑚𝑒𝑟 𝐸𝑅𝑈𝑠) × (𝑅𝑎𝑡𝑒) The following examples are based on a $10 rate per ERU. Example: Single Family Home on a lot 11,000 square feet or under (Class 1) 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝐹𝑒𝑒= (0.9 𝐸𝑅𝑈) × ($10 𝑝𝑒𝑟 𝐸𝑅𝑈) = $9 ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 10 Example: Single Family Home on a lot over 11,000 square feet (Class 2) 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝐹𝑒𝑒= (1.6 𝐸𝑅𝑈) × ($10 𝑝𝑒𝑟 𝐸𝑅𝑈) = $16 Example: Apartment (Class 4) 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝐹𝑒𝑒= (0.4 𝐸𝑅𝑈) × ($10 𝑝𝑒𝑟 𝐸𝑅𝑈) = $4 Example: Townhome (Class 5) 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝐹𝑒𝑒= (0.8 𝐸𝑅𝑈) × ($10 𝑝𝑒𝑟 𝐸𝑅𝑈) = $8 Customer Class 3 Formula: 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝐹𝑒𝑒= (𝐶𝑢𝑠𝑡𝑜𝑚𝑒𝑟 𝐸𝑅𝑈𝑠) × (𝑅𝑎𝑡𝑒) × (100% −𝐴𝑝𝑝𝑟𝑜𝑣𝑒𝑑 𝐶𝑟𝑒𝑑𝑖𝑡) Example: $10 rate and a Class 3 customer determined to have 12.0 ERUs and approved for a 40% Credit 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝐹𝑒𝑒= (12.0 𝐸𝑅𝑈𝑠) × ($10 𝑝𝑒𝑟 𝐸𝑅𝑈) × (100% −40% 𝐴𝑝𝑝𝑟𝑜𝑣𝑒𝑑 𝐶𝑟𝑒𝑑𝑖𝑡) = $72 Note: The Rate used in the examples above is $10 per ERU. The rate used in actual fee calculations will be in accordance with the most recent City Council-approved Rate Schedule. 7. FEE DETERMINATION PROCEDURES FOR NEW CONSTRUCTION Millcreek staff will assign new construction a customer type and number of ERUs prior to approval of final engineering site plans for that development. For Class 3 customers, Impervious Surface Area (ISA) calculations must be performed by the design engineer and submitted as part of the storm drain calculations for development plan review submittal. A map or plan showing proposed groundcover types and their respective areas must also be provided. After construction is complete, the “as-built” impervious area actually constructed may be subject to verification/correction by Millcreek staff. Also, it is encouraged that design engineers or developers submit credit applications (per the requirements outlined in Section 10) during the plan review process. Applications will not be approved until all credit eligibility requirements are met (including the installation of infrastructure), but early applications help ensure credit requirements are considered and met during the design and construction phase. 8. FEE DETERMINATION PROCEDURES FOR EXISTING PROPERTIES Existing properties will be assigned a customer type by Millcreek staff with the associated number of ERUs per the definitions of each customer class and based on available Millcreek information (including impervious area mapping). Millcreek will not automatically apply any rate credits to any accounts. It is the customer’s responsibility to apply for any credits or waivers for which they think they are eligible and to provide design calculations, photographs, design drawings, or other documentation as required for the ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 11 credit/waiver being applied for. See Section 10.1, Credit Program General Policies, for additional details regarding credits, including policies related to credit applications near the initial rollout of the storm water fee. See Section 11.1, Hardship or Active Duty Military Waiver Program General Policies, for additional details regarding hardship waivers for Class 1,2,4, and 5 customers. 9. ADJUSTMENT/APPEALS PROCESS 9.1 Adjustments due to property changes Any Class 3 customer who has made adjustments to the amount of impervious area on his property may contact the Storm Water Engineer (see Section 3) to request an adjustment to their Storm Water Fee. The customer must provide the same information required of new construction (see Section 7) to determine the number of ERUs now associated with the property. Any customer who believes an error has been made in determining the new number of ERUs associated with the property may file a written appeal with the City Recorder as outlined in Section 9.2 below. 9.2 Appeals of Storm Water Fee Determinations Any customer who believes an error has been made in calculating the Storm Water Fee for a specific site should contact the Storm Water Engineer (see Section 3) for an explanation of the fee. If that explanation is unsatisfactory, the customer may file a written appeal to the fee determination with the City Recorder. The written appeal shall state all facts supporting the appeal and shall be made within 30 days of the receipt of the bill or event giving rise to the appeal. Appeals received will be evaluated by the City Engineer based on the information provided by the customer filing the appeal. The City Engineer might request additional information from the customer. The decision of the City Engineer will be sent in writing to the customer within 30 days of the receipt of the appeal. A party who has been adversely affected by the City’s Engineer’s decision may request an administrative hearing. The request for an administrative hearing shall be made in writing and delivered to the City Recorder’s office. The written request for hearing must be received by the City Recorder’s office within 20 calendar days of the date the City Engineer’s decision. Failure to request an administrative hearing within 20 calendar days from the date of the City Engineer’s decision shall constitute a waiver of the right to an administrative hearing. Hearings shall be conducted with appropriate formality and decorum so that due process rights are protected. Utah rules of evidence and rules of civil procedure are used as guidelines but need not be strictly followed or applied. Rules of evidence regarding authorization, foundation, hearsay, or relevance need not be strictly applied. The appellant has the burden of proving that the City Engineer erred and the burden of proceeding. The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is whether the preponderance of the evidence shows that the City Engineer erred. The administrative hearing shall be open to the public and shall be recorded. The appellant has a right to be represented by an attorney. 9.3 Appeals of Credit Eligibility Decisions Any customer who believes an error has been made in the determination of credit eligibility should contact the Storm Water Engineer (see Section 3) for an explanation of the decision. It is the responsibility of the customer that is requesting a credit to provide all information needed by Millcreek staff to review the request and compute the credit design calculations, drawings, ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 12 photographs, maintenance agreements, site areas served by each credit eligible activity, etc.). Millcreek staff members may visit a site to field verify the existence and condition of existing credit eligible facilities. If the determination of credit is still unsatisfactory, the customer may file a formal written appeal with the City Recorder. The written appeal shall state all facts supporting the appeal and shall be made within 30 days of the original credit eligibility decision. The process from this point for appealing credit approval decisions is the same as described above in Section 9.2 for appealing storm water fee determinations. 9.4 Appeals of Waiver Decisions Any customer who believes an error has been made in the determination of hardship or active duty military (deployed) waiver eligibility should contact the Storm Water Engineer (see Section 3) for an explanation of the decision. It is the responsibility of the customer that is requesting a waiver to provide all information needed by City staff to review the request and compute the credit (i.e. documentation of current enrollment in an approved public assistance program, etc.). If the determination of credit is still unsatisfactory, the customer may file a formal written appeal with the City Recorder. The written appeal shall state all facts supporting the appeal and shall be made within 30 days of the original waiver decision. The process from this point for appealing waiver approval decisions is the same as described above in Section 9.2 for appealing storm water fee determinations. 10. CREDIT PROGRAM To enhance equity in revenue collection for special circumstances as described above in Section 6.7, credit can be approved for the following credit eligible activities: • Customer Owned and Maintained Detention Facilities • Customer Owned and Maintained Retention Facilities • Storm Water Personnel Training The value of each of these credits, along with minimum performance requirements, application procedures, etc. are described in the following sections. 10.1 Credit Program General Policies The following general polices are applicable to all applications for credit, regardless of which credit eligible activities are being considered. • Typically, only Class 3 customers are eligible to receive credit for retention, detention, and training/education. In some cases, where an HOA or an apartment complex manager (or similar entity) applies for a credit on behalf of the residents within the HOA or apartment complex, a credit could be approved for those residential customers (Class 1, 2, 4, and • Credit approvals are dependent upon meeting all eligibility requirements defined in this manual. No credit will be given for partially meeting eligibility requirements. • It is the responsibility of the customer (or their designee) to apply for credit and provide the necessary supporting information/documentation along with the application. • Credit eligible activities for which credits are applied must be installed and in proper operating condition before credit applications can be approved. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 13 o Applications may be (and are encouraged to be) submitted prior to construction of facilities or implementation of programs to receive feedback from Millcreek. However, such applications will be held until credit eligible activities/facilities are in place and verified. • Customers may qualify for training credits in addition to retention or detention credits. ERUs cannot quality for retention and detention simultaneously. It may be possible that one portion of a property is served by retention and another portion of the property by detention. In that case, the respective credits will be applied to the respective shares of ERUs served. • Credits will only be applied to the portion of the property that the credit eligible activity actually serves. For example, if a 100 ERU customer has a qualifying detention facility, but the detention facility only served 60% of the customer’s ERUs (by measure of impervious area served by the facility), only 60 of his ERUs will be eligible for reduction. The remaining 40 ERUs will pay the full rate. • Credits will be applied to a property specified in an approved application regardless of tenant or owner changes and are not transferable to a different location. • Credits will become effective in the billing cycle of the date of completed application. Customers are liable for all billing while credit applications are processing. If application approval is given after payment of credit eligible fees, excess payments will be credited forward to cover future fees until exhausted. • Detention and Retention credit approvals will remain in effect as long as: o Requirements of the Storm Water Credit Agreement are met (such as minimum maintenance requirements, reporting requirements, etc.); and o The credit eligible activity is in place. • Millcreek staff will cancel credits without notice upon discovery that requirements for credit are no longer being met. • In the case of the Storm Water Personnel Training credit, See Section 10.10 for credit duration information. • Typically, detention and retention credits will remain in effect as long as requirements are being met, regardless of property ownership transfers. For questions regarding the credit program, contact The Storm Water Engineer (see Section 10.2 Ownership Requirements While typical, it is not necessary for credit eligible infrastructure to be owned by the credit applicant. However, credit eligible infrastructure must serve the applicant, and be maintained by the applicant. Typically, credit eligible infrastructure must be located on the applicant’s property. Credit is applied to billable address and not to any individual customer. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 14 10.3 Application Procedures To apply for a storm water credit, a customer must: • Complete an application for storm water credit; • Provide all supporting documentation for each credit applied for (including a storm water credit agreement if necessary); and • Pay the application fee. Decisions regarding credit value and credit approval is final unless overturned by appeal in accordance with the appeal process described in Section 9. 10.4 Storm Water Credit Application To apply for credit, the customer (or designee) must complete a storm water credit application form on Millcreek’s website and submit it with any supporting documentation attached. Millcreek staff will only review complete storm water credit applications. Incomplete packages will not be considered, and the applicant will be notified to correct or revise the application. Although Millcreek staff is happy to answer questions, they are not responsible for initiating applications, performing engineering calculations, or otherwise assisting with the preparation of storm water credit applications. The ways to submit an application (with the fee and supporting documentation) for a credit program are as follows: • Online at the city website (see Section o The application will be paid for online at the time of application. o Supporting documentation will be uploaded to the application • In person at City Hall (see Section 3) o City staff will assist the applicant in completing the electronic application using computers available at City Hall. o City staff can assist in scanning in and uploading supporting documentation. o The application fee can be paid for at City Hall in the form of a check, debit card, credit card, or cash. Upon submittal of the application, Millcreek will review the documentation provided, respond with questions as needed, and inspect relevant facilities as needed. Applications will typically be processed within 30 days of receipt. The Storm Water Engineer will inform the applicant of the credit eligibility decision in writing by email unless specified otherwise by the applicant on the credit application (email or physical mail). 10.5 Supporting Documentation Each credit requires specific supporting documentation. (See credit definitions and requirements below for details). Applications will not be processed unless the required supporting documentation is included. 10.6 Application Fee The online credit application form must be accompanied by a $40 application fee. The credit application form includes instructions for paying the application fee. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 15 10.7 Credits and Credit Requirements The available credits, along with their value, design and performance requirements, maintenance requirements, and the supplemental documentation required for each are described as follows. Each credit is also subject to the credit program general policies described above. 10.8 Customer Owned and Maintained Detention Credit A storm water Detention Credit is available to customers who own and maintain storm water detention facilities instead of discharging storm water directly into the City’s storm water management system. When customers have these types of private facilities, the City infrastructure can often be sized smaller than would have otherwise been required. This results in a reduction in costs. For retention, there are also water quality benefits as all runoff from the property is infiltrated to the ground. Credit Value • The detention credit value is 15% for the share of Impervious Service Area (ISA) served by the detention basin. • Typically, a customer will qualify for either detention or retention. However, it may be possible that one portion of the property is served by retention and another portion of the property by detention. In that case, the respective credits will be applied to the respective shares of ERUs served. Design/Performance Requirements • Property must discharge to a customer owned, maintained, and operated storm water detention facility. (See Section 10.1.1 for potential exceptions and additional details on ownership requirements.) • Capture at a minimum the 80th percentile storm and release surplus waters into the public system. The City reserves the right to require additional detention and/or retention depending on the capacity of available storm drain facilities in the area. • The detention facility and attached infrastructure must perform in accordance with Millcreek Standard Plans for Public Work Construction. Maintenance Requirements • This credit requires the execution of a storm water credit agreement with Millcreek. The standard agreement can be found at the Millcreek website. All ongoing maintenance activities shall be documented in accordance with the terms of the storm water credit agreement. • In order for storm water detention facilities to operate as they were intended, maintenance must be routinely performed. Improperly maintained storm water facilities do not reduce storm water runoff impacts effectively and are therefore ineligible for credit. The following items are the basic minimum maintenance requirements for all applicable storm water facilities: o Sediment shall be removed when 20% of the facility’s storage volume is filled. o Sediment traps shall be cleaned out when filled. o No woody vegetation shall be allowed to grow on the embankment of open basins without special design provisions. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 16 o Debris shall be removed from blocking inlet and outlet structures and from other areas of potential clogging (i.e. weirs, pipes, grates, etc.), especially after major storms. Extended control devices should be checked often for debris accumulation and clogging. o Control structures shall remain unaltered and be kept structurally intact, free from erosion, and functioning as originally designed. Supporting Documentation Required for Application • The credit application for this credit must have sufficient information attached to verify that the detention facility meets the credit requirements. This includes the following supporting documentation: o Site Map showing the property and the location of the facility, buildings, other storm water facilities, etc. o Hydrologic calculations demonstrating the facility’s effectiveness at meeting performance requirements. o All engineering calculations and drawings shall be prepared and stamped by a registered professional engineer qualified to design storm water management facilities. o Millcreek may require verification of detention system capacity upon request. 10.9 Customer Owned and Maintained Retention Credit This credit is available to customers who own and maintain facilities which retain and infiltrate, evapotranspire, evaporate, or put to beneficial use the runoff from the property in accordance with minimum credit performance requirements. Customers who implement this type of facility decrease the total volume of water discharging to the City system because storm runoff is kept on site. Credit Value • The full retention credit value is 40% for the share of Impervious Service Area (ISA) served by the retention basin. • Typically, a customer will qualify for either detention or retention. However, it may be possible that one portion of the property is served by retention and another portion of the property by detention. In that case, the respective credits will be applied to the respective shares of ISA served. Design/Performance Requirements • Property must discharge to a customer owned, maintained, and operated storm water retention facility. (See Section 10.1.1 for potential exceptions and additional details on ownership requirements.) • The retention facility and attached infrastructure must perform in accordance with Millcreek design standards. These requirements include but are not limited to: o Retention facility must fully retain no less than 100% of the runoff of the NOAA 10-year 24-hour event if safe routing of excess water into public conveyance system can be demonstrated. Otherwise, qualifying retention must retain no less than the NOAA 100-year 24-hour event. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 17 o Verification of retention capacity must be by a licensed engineer/surveyor. Maintenance Requirements See Maintenance Requirements in Section 10.8 above. Supporting Documentation Required for Application See Supporting Documentation Required for Application in Section 10.8 above. 10.10 Storm Water Personnel Training This credit is available to customers who provide, sponsor, and conduct personnel training or education that helps meet Millcreek water quality goals. The purpose of this credit is to reduce the potential of polluting storm water runoff through the implementation of the storm water industry’s best management practices and educating Class 3 customers to improve their practices to decrease pollutants released into the system. Credit Value • The personnel training credit value is 10%. • It is possible to qualify for other credits in addition to the training credit. Design/Performance Requirements • The training shall be for audiences which are likely to have an immediate effect on the quality of storm water associated with the customer’s property. In general, these are property managers, maintenance personnel, grounds crews, etc. • The focus of the training must assist in meeting Millcreek’s storm water quality and regulatory goals of minimizing adverse water quality impacts associated with illicit discharges and improper disposal of waste. Training must be targeted for the receiving audience. Creativity in qualifying for this credit is encouraged so that the effort will meet the size, scope, and reach of both the customer and the target audience. As part of the application process, submit a plan of how the applicant intends to meet the intent of this credit. • The training program may include a guest presentation, self-directed online training, or included in a wider training program (as appropriate for the type of activities taking place on the property). For additional information regarding training opportunities and materials, applicants may contact the Storm Water Engineer. Maintenance Requirements This credit is not associated with any maintenance requirements. However, ongoing documentation of continued fulfillment of credit requirements is required. Documentation (including a plan and an attendance roster) must be provided to the City. Supporting Documentation Required for Application Applications for this credit must include sufficient information to verify how the applicant intends to fulfill the intent of this credit. This includes the following supporting documentation: • A written plan outlining to whom will be provided training, who will conduct the training, what principles will be emphasized, what curriculum and materials will be utilized, how reporting of the training will take place, how often the training will be conducted, who will conduct the training, and other similar details. ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 18 • After the plan is approved and the training is conducted, an attendance roster must be submitted to the Storm Water Engineer upon completion of each round of training. 11. HARDSHIP OR ACTIVE DUTY MILITARY (DEPLOYED) WAIVER As described in Section 6.1, class 1, 2, 4, and 5 customers may be eligible and can apply for a hardship or active duty military waiver. The value of the waiver and minimum performance requirements, application procedures, etc. are described in the following sections. 11.1 Hardship or Active Duty Military Waiver Program General Policies The following general polices are applicable to the waiver: • One of the following two qualifying attributes must be met. o A residential customer must be active duty military (deployed), or o A residential customer must (ii) qualify for the Salt Lake County (SLCO) Hardship Tax Relief Program. • It is the responsibility of the customer (or their designee) to apply for the waiver and provide the necessary supporting information/documentation along with the application. • Only one waiver is allowed per household. • Applicants are eligible for credit from the billing cycle in which the applicant became eligible by enrolling in one of the qualifying credit programs up to 12 months prior to the waiver application date. This means that applicants may apply credits to past billings if not yet paid. Refunds of previously paid fees are not allowed. • Waiver approvals will remain in effect as long as: o Waiver approval will last for 12 months but is renewable (in 12-month periods) by providing documentation showing that the applicant is still eligible for the waiver. For questions regarding the credit program, contact The Storm Water Engineer (see Section 11.2 Waiver Value The hardship or active duty military (deployed) waiver value is 100% of the residential customer’s storm water fee. 11.3 Application Procedures To apply for a waiver, the customer must complete a credit application form and supply any supporting documentation. City staff will only review complete credit applications. Incomplete application packages will not be considered and will be returned to the customer for correction or revision. The ways to submit an application for the waiver program are as follows: • Online at the city website (see Section o Supporting documentation will be uploaded to the application • In person at City Hall (see Section 3) ---PAGE BREAK--- MILLCREEK STORM WATER FEE POLICY MANUAL MILLCREEK STORM WATER FEE POLICY MANUAL 19 o City staff will assist the applicant in completing the electronic application using computers available at City Hall. o City staff can assist in scanning in and uploading supporting documentation. Upon submittal of the application, Millcreek will review the documentation provided, respond with questions as needed, and inspect relevant facilities as needed. Applications will typically be processed within 30 days of receipt. The Storm Water Engineer will inform the applicant of the credit eligibility decision in writing by email unless specified otherwise by the applicant on the credit application (email or physical mail). The City’s decision regarding credit value and credit approval is final unless overturned by appeal in accordance with the appeal process described in Section 9. 11.4 Supporting Documentation With the application, the applicant must provide documentation showing that the customer or household member is currently enrolled in a qualifying public assistance program. This documentation must be dated, have the applicants name, and include a contact phone number at which the status of enrollment may be verified. 11.5 Application Fee There is no application fee associated with the hardship or active duty military (deployed) waiver. 12. BILLING AND PAYMENT Billing services are provided by Rocky Mountain Power as an additional line item on the customer’s power bill. Billing procedures are as outlined in the Rocky Mountain Power Bill. For questions and help with how to make a payment, contact Rocky Mountain Power at the number provided on the bill. For all other questions regarding your storm water fee, please contact the Millcreek Storm Water Engineer (see Section 13. UPDATING THE FEE It is recommended that the fee increase by approximately 2.3% per year to account for inflation. It is anticipated that the increase will take effect every year starting in the July billing cycle (to line up with the start of the fiscal year). Storm Water Utility Administrators should update the fee every 3-5 years to keep it in line with changing storm water costs. At fee startup (2020-2022), because this is a new program for Millcreek, the storm water program revenues and expenditures should be continuously monitored and then evaluated at the end of two years of operation to ensure revenues from the fee and expenses line up. If they do not, adjustments to the fee should be made. ---PAGE BREAK--- DOCUMENT PROPOSAL TITLE BOWEN COLLINS & ASSOCIATES 2 Get in Touch 3330 South 1300 East Millcreek, Utah 84106 (801) 214-2700 [EMAIL REDACTED]