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The volume, rate, and pollutant loading of stormwater runoff discharged from a given lot or parcel of real property to the City's structural and natural stormwater drainage systems and facilities is directly related to the impervious surface area on that lot or parcel. Therefore, impervious surface area shall be the primary parameter for establishing a rate structure to distribute the cost of services associated with the utility and its stormwater management programs and the operation, maintenance, repair, improvement, and extension of its stormwater drainage facilities. Based on an analysis by the City, an impervious surface area of 4,300 square feet was determined to be the average amount of impervious surface area of a typical single family residential property in the City as of 2017 and is hereby designated as one equivalent residential unit (ERU.)
(Ord. 105-17. Passed 1-8-18.)
Each customer whose property lies within the corporate limits of the City shall pay to the City, on a monthly basis as a part of the customer's service account with the City of Avon Water/Utilities Department, the base rate per equivalent residential unit (ERU) for each parcel associated with the customer's property. For customers without an account, refer to Section 1056.09(a).
(a) Base Rate. The base rate has been calculated to ensure adequate revenues to fund the costs of stormwater management and to provide for the operation, maintenance, and capital improvements of the stormwater system in the City. The base rate for the stormwater utility shall be increased from two dollars ($2.00) per ERU per month to two dollars and twenty-five cents ($2.25) per ERU per month beginning September 1, 2021. Beginning with year 2022 and each year thereafter, the rate per ERU shall be increased by the Finance Director every August 1 by multiplying the existing rate by the first Cleveland Construction Cost Index figure published every July and divided by the base year figure, which is the July, 2021 index as per Engineering News Record construction cost index for Cleveland, Ohio.
(b) Property Classification. For the purposes of determining the stormwater user fees, all properties in the City shall be classified into one of the following classes and will be assigned an ERU per parcel as set forth below:
(1) Single family residential property. One ERU per residence. This classification includes residential parcels within condominium developments. Each property owner shall be responsible for payment. Privately-owned common areas within developments are classified under "Nonresidential Property," to be billed as described below.
(2) Double or multi family property. One ERU per residential unit.
A. Residential parcels that contain multiple residential units shall be billed for the number of residential units. The owner of the parcel shall be responsible for payment.
B. This classification applies to detached residential units, not apartment buildings. Apartment buildings are classified under "Nonresidential Property," to be billed as described below.
(3) Nonresidential property. One ERU per parcel, or a multiple thereof, for each ERU (4,300 square feet) of impervious surface area on the subject lot or parcel of real property, rounded down to the nearest whole number.
A. Agricultural property. A calculated ERU shall be billed to the property owner. The calculation of ERU's for agricultural shall include impervious surface area from permanent structures only. Temporary structures, such as greenhouses and gravel access drives, will not be included in the calculation of ERU's, on agricultural property.
B. Privately-owned common area within developments. A calculated ERU shall be billed to the parcel owner as described above.
C. Apartment building. A calculated ERU shall be billed to the parcel owner as described above.
(4) Undeveloped property. Zero ERUs.
A. A parcel must meet all three of the following criteria to be classified as undeveloped:
1. The parcel must be unimproved with less than 4,300 square feet of impervious surface;
2. The parcel must NOT have a water service account; and
3. The parcel must NOT be attached to or utilized by an adjacent developed parcel.
B. If a parcel becomes developed, an ERU will be calculated and the parcel will be classified and billed according to the guidelines above. Stormwater billing will begin the first month in which water service is active at the parcel.
(5) Exempt property. Zero ERUs.
(c) Review of Rates. The City shall annually review the stormwater service charges and revise the charges as necessary to ensure the following:
(1) That adequate revenues for the maintenance and operation of the stormwater management system are generated; and
(2) That stormwater service charges continue to distribute the costs of maintenance and operation of the stormwater management system in proportion to the users' contribution of stormwater runoff to the system.
(Ord. 105-17. Passed 1-8-18; Ord. 60-21. Passed 8-9-21.)
(a) Billing Mechanism. The service charges established in this chapter shall be billed on a monthly basis via the Water/Utilities Department. For users with a water service account, the charge will appear on the water service bill as a separate line item. Users without a water meter or current water billing will receive a bill from the Water/Utilities Department with the stormwater fee as a solitary charge.
(b) Responsible Party. For residential and non-residential properties, the party responsible for payment of the stormwater bill shall be the property owner. The stormwater bill will accompany the water bill as described above. In instances where the owner of the property is not responsible for the water bill, the owner will receive a separate bill with the stormwater fee as a solitary charge, e.g., where the developed parcel contains a rented home, double or multi-family home, office buildings, retail stores, apartment buildings, etc. The owner of the parcel(s) will receive the stormwater bill for the entire property, independent of the tenants occupying the space and their respective water bills.
(c) Delinquencies. Water service may be discontinued in accordance with the provisions contained in Section 1040.02 if any portion (water or stormwater) of the combined service account becomes delinquent. All provisions contained in Section 1040.02 shall also apply in the event of a delinquent account. The Service Director shall have the authority to make final determinations regarding billing disputes and to make legitimate billing adjustments. A financial statement of profit and loss shall be filed with the Service Director for each calendar year, within ninety days after the close of each year.
(Ord. 105-17. Passed 1–8-18.)
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