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(a) Requests for adjustment of the stormwater management utility fee shall be submitted through the Director, who shall be given authority to administer the procedures and standards and review criteria for the adjustment of fees as established herein. All requests shall be judged on the basis of the amount of impervious area on the site, or additional/enhanced stormwater facilities. No credit shall be given for the installation of facilities required by city or county development codes or state stormwater rules. The following procedures shall apply to all adjustment requests of the stormwater utility fee:
(1) Any owner who has paid his or her stormwater management utility fees and who believes the contribution rate component of his or her stormwater management utility fee to be incorrect may, subject to the limitations set forth in this chapter, submit an adjustment request to the Director.
(2) Request for adjustment of stormwater fees paid by an owner making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater management utility fee is imposed will be reviewed by the Director within a four-month period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year.
(4) The owner requesting the adjustment may, at his or her own cost, provide supplemental information to the Director including, but not limited to facts, opinions or engineering services to substantiate his or her case.
(5) Adjustments to the stormwater management utility fee will be made upon the granting of the adjustment request, in writing, by the Director. Denials of adjustment requests shall be made in writing by the Director.
(b) Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the Board for review of the denial.
(1) The Board shall complete its review within 60 days of receipt of said request for appeal. The Board’s determination on the appeal shall be in writing and set forth in detail the reason for its decision.
(2) In evaluating the appeal, the Board shall be bound by the standards and review criteria contained herein.
(3) All determinations of the Board arising out of this section shall be final.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 3, 10-18-94)
Procedures and standards developed by the Director shall define appropriate means by which to optimize development capital contributions in the implementation of basic specific stormwater systems. These basic specific capital contributions shall take the form of “fee-in-lieu-of” or “availability charges”. Each situation will be analyzed by the Director, and a specific written decision will be developed. The application is defined as follows:
(1) Fee-in-lieu-of is applied to a site-specific negotiated procedure, wherein a development's stormwater contribution (quantity and quality) is assessed its share of the capital needs of the facilities required to serve the development in question. This capital contribution would be used to implement city-owned stormwater facilities. The process does not apply wherein the stormwater facilities are privately held. Each application is evaluated against the city's stormwater master plan for the watershed involved or, while the master plan is incomplete, the cumulative impacts from the development.
(2) Availability charge is administered on a site- specific basis identical to the fee-in-lieu-of procedure noted above; the only difference is that the capital investment advanced by the city in implementing a stormwater facility is not recovered through an availability charge. The capital charge is determined on a pro rata share of the capacity used by the new applicant or by the cumulative impact from the development upon all impacted facilities.
(3) The “fee-in-lieu-of” capital contribution for properties redeveloping within the Downtown Stormwater Improvement Watershed, and utilizing the installed stormwater treatment and/or conveyance facilities within that watershed, shall be levied as follows:
a. Capital cost per impervious square foot for Water Quality $2.05
b. Capital cost per impervious square foot for Water Quantity $0.18
c. Total Capital cost per impervious square foot for Water Quality and Quantity $2.23
This fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Watershed.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 00-54, § 4, 10-17-00; Ord. No. 02-045, § 7, 8-20-02)
It shall be the duty of the Director to administer the stormwater utility program. The Director shall keep an accurate record of all persons using the services and facilities of said stormwater management utility of the city and make changes in accordance with the rates and charges established in this chapter or by ordinance.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 4, 10-18-94)
There shall be established a stormwater utility enterprise fund for the deposit of all fees and charges collected by the stormwater utility. These funds shall be for the exclusive use of the city's stormwater management utility including, but not limited to, the following:
(1) Stormwater management services, such as studies, design, permit review, plan preparation and development review.
(2) Operation, maintenance, repair and replacement of the stormwater collection, storage, treatment and conveyance infrastructure.
(3) Project costs related to constructing major or minor structural improvements to the stormwater-related infrastructure as provided in the city-wide stormwater management plan.
(4) Administrative costs associated with the management of the stormwater utility fee. A maximum of $2,000 may be transferred to the general fund annually for administrative costs.
(5) Debt service financing of stormwater-related capital improvements defined in the city-wide stormwater management plan.
(6) Funding of studies including water quantity and quality monitoring, aerial photography, and geotechnical work associated with the planning of the stormwater-related infrastructure.
(Ord. No. 93-72, § 1, 12-21-93; Ord. No. 94-31, § 5, 10-18-94)
Secs. 26-409—26-499. Reserved.