(a) Fee Established. Subject to the provisions of this chapter, each and every Residential Developed Property, Non-Residential Developed property and Vacant Improved Property, other than Exempt Property, and the owners and non-owner uses thereof, have imposed upon them a stormwater Drainage Fee. In the event the owner and non-owner users of a particular Property are not the same, the liability for each the owner and non-owner uses for the Drainage Fee attributable to that Property shall be joint and several. The Drainage Fee shall be a monthly or annual service charge and shall be determined by the provisions of this Chapter and the ERU and ERU rates which shall be established and changed from time to time by City Council.
(b) Drainage Fee for Residential Developed Property. The Drainage Fee for Residential Developed Property shall be the ERU Rate multiplied by the number of individual Dwelling Units existing on the property. In the event of a newly constructed Dwelling Unit, the charge for the Drainage Fee attributable to that Dwelling Unit shall commence upon the issuance of the certificate of occupancy for that Dwelling Unit, or if construction is at least fifty percent (50%) complete and it halted for a period of three (3) months, then that Dwelling Unit shall be deemed complete and the Drainage Fee shall commence at the end of said three (3) month period.
(c) Drainage Fee for Non-Residential Developed Property.
(1) The Drainage Fee for Non-Residential Developed property shall be the ERU Rate multiplied by the numerical factor obtained by dividing the total Impervious Area of a Non-Residential Developed Property by the number of square feet in one ERU. The minimum Drainage Fee for any Non-Residential Developed Property shall be equal to one ERU Rate. In the event of newly developed Non-Residential Development Property, the charge for the Drainage Fee attributable to that development shall commence, or increase in the case of additional development to property which is already Developed Property, upon the issuance of the certificate of occupancy for such additional development, or in the event that no certificate of occupancy will be issued for the development, or in the event development has halted, then on the date that the Director or the Director's designee determines in reasonable judgment that said development is substantially complete or has been halted for at least three (3) months.
(Ord. 62-2000. Passed 8-8-00.)
(2) The drainage fee for non-residential developed property shall be the ERU rate ($4.00) multiplied by the numerical factor obtained by dividing the total impervious area of a non-residential developed property by the number of square feet in one ERU (2,506 SF).
Impervious area SF
($4) Rate per ERU X =Fee
2,506 SF per ERU
(3) In the event of separately metered non-residential developed property with joint users of common impervious areas, the Director shall calculate and allocate the pre-rate drainage fee among the users. Any owner or non-owner user disagreeing with the Director’s calculation or allocation may appeal such determination to the Director as provided in subsection (e) hereof. (Ord. 14- 2003. Passed 3-18-03.)
(d) Dwelling Unit and Impervious Surface Calculation. The Director or Director's designee shall initially, and from time to time, determine the number of Dwelling Units located on Residential Developed Property in order to establish the Drainage Fee provided by paragraph (b) hereof. Non- Residential Real Property in the City of Bucyrus shall have its square footage Impervious Area calculated in order to establish the Drainage Fee provided by paragraph (c) hereof. The Director or the Director's Designee shall make the initial calculation and may from time to time change this calculation from such information and date deemed pertinent by the Director or the Director's designee. (Ord. 62-2000. Passed 8-8-00.)
(e) Appeal of Dwelling Unit and Impervious Surface Calculation. Any person disagreeing with the calculations of the stormwater drainage fee as provided in this chapter as follows:
(1) Any owner who paid his or her stormwater utility fees and who believes the ERU component of his stormwater utility fee to be incorrect, may submit an adjustment request to the City Service/Safety Director.
(2) Adjustments requested by an owner making the request shall be in writing and set forth in detail the ground upon which relief is sought.
(3) The owner requesting the adjustments may be required at their own costs to provide supplemental information to the Service/Safety Director or his designee including but not limited to: survey data approved by an Ohio registered Professional Land Surveyor (PLS) which presents the amount of impervious area and non-compacted ground area on a parcel and/or engineering reports approved by an Ohio registered Professional Engineer (PE). Failure to provide such information may result in the denial of the adjustment request.
(4) The City Service/Safety Director or his designee will make adjustments to the stormwater utility fee upon the granting of the adjustment request in writing. The Service/Safety Director or his designee shall make denials of adjustment requests in writing.
(5) Adjustment denials may be appealed to the Stormwater Utility Appeals Board in writing within thirty (30) days after the denial has been issued. The appeal must cite specific error by the Service/Safety Director and the calculation that the party feels is correct. The appeal shall set forth in full (or attach a complete copy of):
A. The interpretations, ruling or order appealed from and
B. The provisions of the City Code or related laws or ordinances.
The appeal shall also state, with specificity, where in the interpretation, ruling or order is erroneous. If the appeal is based upon a request for local adjustment and/or system wide adjustment, the appeal shall specify the provisions from which the adjustment is sought, and how the request otherwise satisfies and does not significantly conflict with other requirements. The Stormwater Utility Appeals Board shall review the record presented and enter into a written decision as soon as practical. The Stormwater Utility Appeals Board may request additional information from either party. The decision of the Stormwater Utility Appeals Board is final.
(Ord. 14-2003. Passed 3-18-03.)
(f) Drainage Fee for Vacant Improved Property. The Drainage Fee for Vacant Improved Property shall be based on the area of the Vacant Improved Property and shall be equal to the fraction of the ERU rate which reflects the quantity and quality of the stormwater runoff attributed to Vacant Improved Property in the City as identified by Resolution of City Council.
(g) Drainage Fee for Undisturbed Property. Undisturbed Property shall be exempt from the Stormwater Utility fee. (Ord. 62-2000. Passed 8-8-00.)