§ 27-405. Stormwater management system utility fee.

(a)

Application and classification. A stormwater system utility fee is hereby imposed on each developed parcel within the City for services and facilities provided by the stormwater system. For purposes of imposing the stormwater system utility fees, all developed parcels within the City are classified either as a single-family residential parcel (SFRP) or as a non-SFRP. The POD shall maintain a list of parcels within the City and assign a classification of SFRP or non-SFRP to each parcel.

(b)

Scheduled rates. The following uniform schedule of utility rates for services and facilities of the stormwater system is hereby established:

(1)

A monthly stormwater system utility fee of $11.00 per month is established as the rate for each SFRP.

(2)

For all other parcels an SFU equivalent shall be determined. This determination shall be based upon the total impervious area of the property divided by 2,719 square feet and then multiplied by the fee established for the SFRP. The total impervious area of the parcel and the number of SFU equivalent units shall be updated by the City based on any additions or deletions to the impervious area. For parcels that are not separately metered for potable water, the total bill will be sent to the account holder of the master meter. For developed parcels which are not billed for potable water service, the owner shall be billed separately.

a.

For those parcels that have multiple meters for potable water, each metered account shall be billed based upon an on-site visit or a meeting with the owner of the property to determine the proportion of SFU equivalent units applicable to each metered parcel. For this determination, the proportion of the impervious area of the building applicable to each meter shall be the square footage of the space served by that meter divided by the total square footage of metered space.

Parking lots, nonmetered building spaces and other impervious areas appurtenant to the building shall be assumed to be proportionate to metered space. This calculation shall be done to the nearest tenth of a single-family average equivalent unit. Disputes concerning the determination of the proportion of the impervious area shall require the owner to notify in writing the POD of the disputes.

b.

Disputes involving the total impervious area for a parcel or the proportionate amount assigned to a metered account based on an on-site measurement will be resolved by the POD. The POD may require the owner to provide a survey certified by a State registered professional land surveyor and verified as representing the impervious area currently on the parcel as the means for resolving a dispute.

(3)

The fee for residential non-SFRP parcels determined under subsection (b)(2) of this section shall not exceed a per residential unit cost equal to the fee established in subsection (b)(1) of this section.

(4)

For non-SFRP parcels meeting the following criteria, the fee determined under subsection (b)(2) of this section shall be applied as follows:

a.

For those parcels that:

1.

Prove a zero discharge of stormwater runoff, directly or indirectly, into stormwater system; and

2.

Meet the stormwater quality and quantity requirements of chapter 16, then the monthly stormwater system utility fee shall be 63 percent of the established rate for each SFRP.

b.

For those parcels that:

1.

Prove zero discharge of stormwater runoff, directly or indirectly, into the stormwater system; and

2.

Meet the stormwater quality requirements of chapter 16, then the monthly stormwater system utility fee shall be 82 percent of the established rate for each SFRP.

c.

For those parcels that meet the stormwater quality and quantity requirements of chapter 16, then the monthly stormwater system utility fee shall be 92 percent of the established rate for each SFRP.

Where only a portion of a parcel meets the stormwater quality requirements of chapter 16, then the following formula shall be applied to determine the percent of the established rate for each SFRP: 0.92 + (0.08 percent of non SFRP property meeting quality requirement)

(Code 1992, § 27-251; Ord. No. 1145-F, § 1, 11-30-1989; Ord. No. 2014-F, § 1(28-92), 11-8-1990; Ord. No. 502-G, § 1, 11-1-2001; Ord. No. 566-G, § 2, 11-21-2002; Ord. No. 684-G, § 1, 9-16-2004; Ord. No. 886-G, § 1, 9-18-2008; Ord. No. 949-G, § 1, 9-17-2009; Ord. No. 1032-G, § 1, 9-22-2011; Ord. No. 45-H, § 1, 9-20-2012; Ord. No. 85-H, § 1, 9-19-2013; Ord. No. 240-H, § 1, 9-22-2016; Ord. No. 312-H, § 1, 12-7-2017; Ord. No. 341-H, § 1, 8-23-2018)