(a) Authority, purpose, jurisdiction, definitions.
(1) Authority: Pursuant to N.C.G.S. Article 16 of Chapter 160A, the City of Asheville is authorized to create a stormwater services utility and enterprise fund and in so doing establish a schedule of rents, rates, fees, charges, and penalties for the use of or the services furnished by such public enterprise.
(2) Purpose: It is the purpose of this section to establish a stormwater services utility as an identified fiscal and accounting fund for the purpose of comprehensively addressing the stormwater management needs of the city through programs designed to protect and manage water quality and quantity by controlling the level of pollutants in, stormwater runoff, and the quantity and rate of stormwater received and conveyed by structural and natural stormwater and drainage systems of all types. It provides a schedule of rents, rates, fees, charges and penalties necessary to assure that all aspects of the stormwater program are managed in accordance with federal, state and local laws, rules and regulations.
(3) Jurisdiction: The boundaries and jurisdiction of the stormwater services utility shall extend to the corporate limits of the city, including all areas hereafter annexed thereto.
(4) Definitions: For the purposes of this section, the words, terms and phrases used herein shall have the meaning given to them in section 7-2-5 of chapter 7 of the UDO, except where the context clearly indicates a different meaning. The stormwater administrator is authorized to interpret and to apply these definitions. If a property could be interpreted to fall into more than one category, the stormwater administrator shall, consistent with the purpose and intent of this section, determine the applicable category.
(b) Establishment of a stormwater services utility and enterprise fund.
(1) Utility: There is hereby established a stormwater services utility for the city. This utility shall provide for stormwater management programs including the protection, regulation, quantity, quality, control, use and enhancement of city owned and maintained stormwater and drainage systems.
(2) Enterprise fund: There is hereby established a stormwater services enterprise fund. The enterprise fund is established for the purpose of dedicating and protecting all funding applicable to the purposes and responsibilities of the stormwater services utility including but not limited to, rents, rates, fees, charges and penalties as may be established, after notice and a public hearing by the city council and other funds that may be transferred or allocated to the stormwater services utility. All revenues and receipts of the stormwater services utility shall be placed in the stormwater services enterprise fund and all expenses of the utility shall be paid from the stormwater services enterprise fund, except that other revenues, receipts, and resources not accounted for in the stormwater services enterprise fund may be applied to stormwater management programs, and stormwater and drainage systems as deemed appropriate by city council.
(c) Impervious coverage and rate unit.
(1) Impervious surface area: Impervious surface area is a developed area of land that prevents or significantly impedes the infiltration of stormwater into the soil. Typical impervious surface areas include, but are not limited to: roofs, sidewalks, walkways, patios, private driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or gravel surfaces containing materials that prevent or significantly impede the natural infiltration of stormwater into the soil (provided however, swimming pools and wooden decks are not considered impervious surfaces for the purpose of this ordinance).
(2) Application of impervious surface area: The amount of imperious surface area of real property is a key factor in the peak rate of stormwater runoff and the pollutant loadings of stormwater runoff discharged to the structural and natural drainage systems and facilities. Therefore, the amount of impervious surface area shall be the primary parameter for establishing the rate structure to distribute the cost of systems and facilities through a schedule or rates, fees, charges and penalties related to the use and operation of the stormwater services utility and public enterprise as established above.
(3) Establishment and application of the equivalent rate unit (ERU): The ERU shall be based upon an analysis of impervious surface throughout the city. The ERU has been determined to be equivalent to 2,442 square feet of impervious surface based on a statistically significant sampling of detached single- family residential parcels in the City of Asheville.
(d) Schedule of rents, rates, fees, charges and penalties.
(1) Detached single-family residential: Each developed detached single-family residential parcel shall pay a utility fee based on the amount of impervious surface area on their property.
(2) Tiering for detached single-family residential: Single-family residential parcels will be charged a fee at the Tier I, Tier II and Tier III levels as set forth in the City of Asheville Fees and Charges Manual, based upon square footage of impervious area as more specifically set forth below:
Tier | Impervious Area (Square Footage) |
I | 225—2000 |
II | 2001—4000 |
III | 4001+ |
(3) Other properties: All other developed properties having impervious surface area, including but not limited to multi-family residential properties with two or more living units, commercial properties, industrial properties, public, institutional and non-profit properties, church properties, public and private school properties, and publicly owned properties shall be billed for one ERU for each 2,442 square feet of impervious coverage on the subject property, with any fraction thereof rounded up to the next ERU.
(4) Common areas: Townhouse and condominium developments and other similar properties containing impervious surface in common ownership shall be charged for the total impervious surface of all commonly owned property within the development.
(5) Fees and charges manual: The schedule of rates, rents, charges, fees and penalties shall be set forth in the City of Asheville Fees and Charges Manual.
(e) Exemptions and credits:
(1) Credits: Other properties as set forth above may apply for stormwater utility fee credits. Credits are reductions in stormwater utility fees applicable to the property in recognition of on-site or off-site systems, facilities, measures, and actions taken by customers that go above and beyond the minimum requirements of the prescribed ordinances. Credits shall be conditioned on the continuing performance of the systems, facilities, measures, or actions in reference to standards adopted by the utility upon which the credits are granted, and may be revised or rescinded. Credits expire at the end of one year from the date of award and may be renewed by the submittal of a renewal application. In no case shall credits exceed 60 percent of the stormwater utility fee.
(2) Credit policy: The city manager shall prepare a credit policy which shall set forth the appropriate process and documentation to obtain credits. The credit policy shall be incorporated as an appendix to the City of Asheville's Standards and Specifications Details Manual. The amount of credits will be set forth in the city's fees and charges manual.
(3) Equality of services: There shall be no exception, credit, offset, or other reduction in stormwater service charges granted based upon age, race, tax status, economic status, or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities.
(f) Billing.
(1) Responsible party: As authorized by N.C.G.S., sec. 160A-314, stormwater utility fees, charges and penalties shall remain the responsibility and obligation of the property owner.
(2) Method of billing: Bills for stormwater service shall be sent at regular, periodic intervals. Billing and collection of stormwater service fees, rents, rates, charges and penalties shall be administered by the city manager/designee, who is hereby authorized to develop policies and procedures to effectuate the purpose and intent of this section. Stormwater service charges may be billed on a combined utility bill that also contains charges for water and/or sewer service. Stormwater service charges that are shown on a combined utility bill may be for a different service period than that used for water and/or sewer service.
(3) Billing options: The city shall have the following billing options for stormwater service charges:
a. Stormwater service charges for a property that receives combined sewer and water service will be sent to the customer receiving such service. However, where multiple water and sewer accounts exist for a single parcel, the bill for stormwater service charges may for good cause shown at the discretion of the city be sent to the property owner. Additional policies concerning billing will be developed by the stormwater administrator.
b. Owners of property may, with the consent of the city, designate each occupant of the property as the party to receive the bill for stormwater management service charge by completing and properly executing a form provided by the city. Such designation shall fairly allocate the impervious surfaces actually used by the billed party, and it shall be binding for the period of time specified by the city. Such transfer does not relieve either the owner or occupant from liability for stormwater service charges if they are not paid by the party billed.
c. The residents of townhouse, cluster unit, and condominium developments and other similar properties containing impervious surface in common ownership with a master water meter, the stormwater service bill shall be sent to the homeowners' association.
d. The residents of townhouse, cluster unit, and condominium developments and other similar properties containing impervious surface in common ownership with unit level meters, upon official request of the homeowners' association reflecting a vote in accordance with the association's bylaws, the stormwater service bill may be divided in equal shares among each unit within the development and sent to the owner or occupant of each unit. A request for per unit billing must contain all information required by the city and shall be binding for the period of time specified by the city.
e. The residents of townhouse, cluster unit, and condominium developments and other similar properties containing impervious surface in common ownership where there is no active homeowners' association, the stormwater service charge will be equally divided among each property with no fee being less than one ERU unless the property owners provide the city with an agreed upon division, acceptable to the city.
(4) No bill: Failure to receive a stormwater bill is not a basis for nonpayment. The owner of each parcel of land containing impervious surface shall be obligated to pay such fee.
(5) Minimum stormwater service charge: In no event will any property owner owning developed property pay less than the rate equivalent of one ERU except for zoning lots or tracts with 225 square feet or less of impervious surface area.
(g) Delinquencies and charges.
(1) Combined utility billing: Where stormwater service charges appear on a combined utility bill, and a customer does not pay the service charges for all the utilities on the bill, the partial payment will be prorated and applied to the respective utilities in the following order: delinquent stormwater management service charges, delinquent recycling service charges, delinquent combined sewer and water charges, current stormwater charges, current recycling service charges and current combined sewer and water charges.
(2) Non-combined and/or separate stormwater utility billing: A stormwater utility fee, charge or other billing for rents, rates, fees, charges and penalties associated with the stormwater utility shall be declared delinquent and subject to the delinquent fees and charges as set forth in the city's fees and charges manual.
(3) No criminal penalty: A violation of this section subjects the offender to a civil penalty pursuant to the authority granted by N.C.G.S., sec. 160A-175 and does not subject the offender to the criminal penalty provisions of N.C.G.S., sec. 14-4 and section 1-5 of chapter 1 of the Code of Ordinances of the City of Asheville.
(4) Back billing: If property is incorrectly billed, or not billed, or a bill is sent to the wrong party, the city may back bill a property for up to a three-year period.
(h) Appeals.
(1) Disputed bills: If a property owner disputes the stormwater utility charges assessed to that owner's property, that owner must first attempt to resolve the dispute with the city engineer's office. Using the information provided, the appropriate staff of the city's engineer office shall conduct a technical review pursuant to good engineering practices. Following such review, the city's stormwater administrator may adjust the stormwater service charge so long as the adjustment is in conformance with the general purpose and intent of this section. At the conclusion of the review, the stormwater administrator shall issue a written determination stating whether an adjustment to the stormwater service charge is appropriate, and if so, the percentage of such adjustment. Any approved adjustments must be communicated in writing to the city's water resources department billing staff.
(2) Filing of notice of appeal: If the owner is not satisfied with the resolution of the dispute, the owner may file a notice of appeal to the city's soil erosion review committee (herein "committee"), on a form provided by the office of the stormwater administrator. The notice of appeal must be filed within 30 days of the date of the service of the written decision of the stormwater administrator upon the owner. The appeal shall include a written statement setting forth the grounds for the appeal. The appeal shall be filed in the office of the stormwater administrator. The stormwater administrator shall transmit the written appeal along with all other documents constituting the record upon which the stormwater administrator's decision was made to the committee.
(3) Documents: At the discretion of the stormwater administrator, the written appeal may be required to include a survey prepared by a registered land surveyor and such other information that show the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to the stormwater events.
(4) Powers of the committee: The sole role of the committee is to review the stormwater administrator's decision for clear error. In the absence of clear error, the committee shall have no power to adjust, modify amend or reverse the decision of the stormwater administrator.
(5) Finality of committee's decision: The decision of the committee shall be final. This shall not prevent the owner from pursing all other remedies as by law provided, including appeal to the Asheville Board of Adjustment.
(6) Service: All decisions of the stormwater administrator and committee shall be served on the owner personally or by registered or certified mail.
(7) No suspension of due date: No provision of this subsection allowing for an appeal shall be deemed to suspend the due date of the service charge with payment in full. Any adjustment in the service charge for the person pursuing an appeal shall be made by refund of the amount due.
(i) Disposition of service charges and fees. Revenues generated from stormwater services utility fees, charges, rents, rates and penalties shall be assigned and dedicated solely to the stormwater services enterprise fund in the city's budget and accounting system, which shall be and remain separate from other funds, and shall be used only to fund stormwater management programs and structural and natural stormwater and drainage systems. The service charges and fees paid to and collected by virtue of the provision of this section shall not be used for general or other government or proprietary purposes of the city except to pay for costs incurred by the city in rendering services to the stormwater services utility.
(j) Limitations of responsibility.
(1) The city shall be responsible only for the portions of the drainage system which are in city maintained street rights-of-way and permanent storm drainage easements conveyed to and accepted by the city.
(2) The city's acquisition of storm drainage easements and/or the construction or repair by the city of drainage facilities does not constitute a warranty against stormwater hazards, including but not limited to flooding, erosion or standing water.
(Ord. No. 3192, § 1, 12-14-04; Ord. No. 3946, § 1, 2-8-11; Ord. No. 4337, § 1, 8-26-14)