(A) The stormwater management fee shall be calculated as follows:
(1) Residential properties. Each single-family residential property, as defined in this article, shall be assessed a monthly stormwater management fee based on one (1) ERU. An ERU, as defined herein, shall be established at two thousand five hundred (2,500) square feet of impervious surface.
(2) Multiple residential and non-residential property (commercial, institutional and industrial) stormwater management fees shall be calculated as follows:
(a) The quarterly stormwater user fee for each multiple family and all non-residential properties, as defined herein, shall be calculated by determining and assigning to that property an ERU multiple based upon the property's individually measured square footage of impervious area, divided by two thousand five hundred (2,500) square feet, which is one (1) ERU. This division shall be calculated to the first decimal place.
(b) The user fee shall be based on the nearest whole ERU. Rounding necessary to determine the nearest ERU shall be done according to mathematical convention, zero (0.0) to four-tenths (0.4) rounded down to the nearest whole ERU and five-tenths (0.5) to nine-tenths (0.9) rounded up to the nearest whole ERU.
(B) Exemptions from the assignment of ERUs shall be as stated herein.
(C) Credits to the stormwater management fee shall be governed by the following.
(1) Residential. A credit to the stormwater management fee imposed on residential parcels may be available, upon application to the department, for parcels that meet the following criteria:
(a) A single residential credit up to, but not more than, 50% is available to applicants who own and reside at a parcel and show that an approved stormwater management facility has been constructed and effectively implemented on the parcel. Approved stormwater management facilities eligible for the credit include:
1. Rain gardens;
2. On-site stormwater storage; and
3. Vegetated filter strips.
(2) Nonresidential. A credit to the stormwater management fee imposed on nonresidential property may be available, upon application to the department, for parcels that meet one (1) or more of the following criteria:
(a) Construction in compliance with or exceeding the required County, state or federal stormwater specifications Credit shall be granted from the total monthly stormwater management fee for applicant owned stormwater facilities, such as retention/detention and water quality facilities, constructed either prior to the effective date or after the effective date of the stormwater management fee, if those facilities either meet or exceed:
1. The requirements of the identified stormwater specifications; and
2. The requirements of the ordinance in effect at the time of construction.
(b) Property owners of applicant owned stormwater facilities, such as retention/detention and water quality facilities, eligible for credit under subsection (a) may, at their option, apply for a credit as set forth below. Details relating to applying for and receiving credits shall be included in the stormwater credit procedures.
(c) Credit is intended for construction of stormwater management facilities that meet the requirements of the stormwater specification manual and code. A 10% credit may be granted from the total monthly stormwater user fee for a parcel having approved stormwater facilities that meet the requirements of the stormwater specification manual and code.
(d) 1. Credit is intended for construction of stormwater management facilities that are designed and constructed to exceed the requirements of the identified stormwater specifications. A 50% credit may be granted from the total monthly stormwater user fee for a parcel having approved stormwater facilities that exceed the requirements of the identified stormwater specifications.
2. Application process: Detailed technical information shall be supplied by the owner and the owner's engineer. Such information shall include as-built data, routing the storm event for the two (2), ten (10), twenty-five (25), and one hundred (100) year-storm events, comparison of pre-development and post-development conditions, total storage volume and emergency spillway configuration. To receive a credit, stormwater facilities must provide control to a pre-development level for all the above storm events. Water quality volume and post construction treatment data shall be supplied. To receive 50% credit, approved stormwater facilities must provide both control to a pre-development level for all the above storm events and provide post construction stormwater quality treatment that exceeds the requirements detailed in the stormwater specifications by ten (10) percent. Credits shall be awarded as provided in the stormwater credit procedures.
(e) 1. Additional water quality and/or quantity control. An additional water quality and/or quantity control credit is intended to utilize the construction of approved Green Infrastructure (infiltrative) practices to reduce overall stormwater discharge volume from the property. An additional credit up to 25% may be granted for an approved plan and successful construction and implementation of Green Infrastructure (infiltrative) practices that reduce discharge volume.
2. Application process: Applicant must first qualify for credit, as defined in Section 3(B)(3) or (4) to receive the additional water quality and/or quantity control credit. Final approved level of credit shall be based on an approvable plan that demonstrates the use of acceptable infiltrative practices approved by the City. Submission shall include design plans and details and hydrologic and hydraulic calculations necessary for review. Credit shall be granted as provided in the stormwater credit procedures.
(3) All parcel owners may apply for and be eligible for credit under this section.
(4) The descriptions in this section of circumstances in which credit may be granted are not intended to be all inclusive. The stormwater credit procedures may allow credit for stormwater facilities and circumstances not described in this section.
(5) The board, upon recommendation from the Public Works Manager, shall approve the stormwater credit procedures. The stormwater department shall follow the provisions of the stormwater credit procedures in reviewing and acting upon applications for credit. Copies of the stormwater credit procedures shall be available from the department.
(6) Each credit granted shall be conditioned on the continuing compliance with the design, operation maintenance and reporting requirements of the ordinance.
(D) Credit procedures.
(1) Application for credit or an appeal of a credit determination shall not constitute a valid reason for non-payment of the stormwater management fee for which a credit is being requested.
(2) Application for credit shall be made on forms provided by the department and shall be accompanied by the applicable application submittal fee.
(3) The board, upon recommendation of the department, may set reasonable credit application submittal and review fees. Such fees shall be reasonably related to the cost of reviewing credit applications.
(a) Application and/or renewal submittal fees shall not exceed one hundred fifty dollars ($150.00) per application and shall include up to three (3) hours of review by the department. If an application requires more than three (3) hours of review by the department, the applicant shall reimburse the department for such additional review time at a rate not to exceed fifty dollars ($50.00) per hour.
(b) Application submittal fees and all review fees shall not exceed a total of three hundred dollars ($300.00).
(4) The department shall be responsible for reviewing credit applications and shall provide a written determination of the credit application within thirty (30) days of receipt of a complete credit application. The written determination shall set forth the effective date of the credit and any conditions applicable to receipt of an approved credit.
(5) Appeals of credit determinations shall follow the procedures set forth herein.
(6) All application and/or renewal submittal fees are non-refundable.
(E) Maximum credit, effective date, expiration and termination.
(1) The maximum total credit for any parcel shall be seventy-five percent (50%) of the stormwater management fees assessed against the parcel.
(2) If granted by the department, a credit shall have an effective date as follow:
(a) For credit applications approved on or between January I and/or on June 30 the effective date shall be July 1 of the same year; and
(b) For credit applications approved on or between July 1 and/or on December 31 the effective date shall be January 1 of the following year.
(c) Credits approved by the department on or after the date of Board approval of the articles herein, shall expire, unless earlier terminated as provided in division (E)(2)(d) of this section, three (3) years from the effective date.
(d) Upon written notice to the property owner or other person designated by the property owner to receive such notice, the department may terminate a credit for good cause, including, but not limited to, the reasons set forth below. The department's termination of a credit may be appealed by following the review procedures set forth herein.
1. At the written request of the owner;
2. Property or land alteration that affects drainage or impervious area;
3. Change of ownership;
4. Failure to maintain facilities; and
5. Failure to report as required.
(e) If a credit expires or is terminated, the property owner may submit a new or renewal credit application subject to all conditions herein.
(F) Adjustments and appeals to the stormwater management fee shall be governed by the following.
(1) Any person subject to this article may petition the director for an adjustment of the stormwater management fees assessed against him/her, provided:
(2) That the petitioner has paid the disputed stormwater management fees in full;
(3) That the petitioner:
(a) Has good cause to believe that such stormwater management fees were erroneously assessed against him/her; or
(b) That because of extraordinary circumstances unique to his/her parcel equity can be served only by adjusting the stormwater management fees assessed against his/her parcel.
(G) Petition for review.
(1) That within six (6) months of the petitioner's receipt of the bill for the disputed stormwater management fees, the Board receives from the petitioner a written petition for adjustment of fees and a brief statement of fact demonstrating the petitioner's right to an adjustment. The petitioner may include with his/her petition any additional information he/she deems relevant. If the petitioner wishes to have an informal hearing on his/her petition, a request for a hearing must be included with his/her petition.
(2) he Board shall appoint a review officer (RO) to review and resolve petitions for adjustment of fees.
(a) The RO may be a qualified independent contractor or an employee of the city who serves as a hearing officer as part of his/her duties.
(b) The RO shall consider the petitioner's statement of fact, as well as any other relevant and material evidence available in determining whether the petitioner is entitled to an adjustment of the stormwater management fee.
(c) If a hearing has been requested as provided in this section, the hearing shall be before the RO and shall be held within thirty (30) days of the receipt of the request for hearing, unless a continuance is requested by the petitioner or requested by the department and agreed to by the petitioner. At the hearing the petitioner and the department may present any evidence that is, in the RO's view, relevant and material to the dispute.
(d) Based on the petitioner's statement of fact, evidence presented at the hearing, if one was requested, and any other relevant and material evidence available, the RO shall issue a written decision on the petition. The RO may grant, deny or modify the petition.
(e) The RO's decision shall be final and binding and shall be issued to the petitioner within ninety (90) days of receipt by the Board of the petition for adjustment if no hearing was requested, or ninety (90) days from the conclusion of the hearing.
(3) The petitioner may appeal the RO's final determination to the Board, provided that the Board has received written notice of appeal within thirty (30) days of the petitioner's receipt of the RO's final determination.
(4) The Board shall notify the petitioner of the time and place of the hearing on the petitioner's appeal. The petitioner shall have the burden of proving that he/she is entitled to an adjustment of the stormwater management fees.
(5) At the hearing, the Board shall consider any relevant and material evidence available in determining whether the petitioner is entitled to an adjustment of the stormwater management fees. The hearing shall be recorded by audiotape.
(6) The Board may grant, deny or modify the petition for adjustment. If the Board determines that the petitioner is entitled to an adjustment of the stormwater management fees, the Board may, in its sole discretion, make such adjustment in the form of a refund or a credit against future stormwater management fees, or both.
(7) Persons applying for credits as provided herein shall follow the procedures set out in that section, Appeals of credit determinations and appeals of termination of credits shall be governed by the procedures in this section except that a petition for review of a credit determination or a petition for review cf a credit termination must be received by the Board within sixty (60) days of receipt of the credit determination or termination.
(Ord. 1658, passed 4-2-18)