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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPED LAND. A land parcel altered from its natural state.
DRAINAGE SYSTEM. Natural and structural channels, swales, ditches, swamps, rivers, streams, creeks, wetlands, branches, reservoirs, ponds, drainage ways, inlets, catch basins, gutters, pipes, culverts, bridges, head walls, storm sewers, lakes, and other physical works, properties, and improvements that transfer, control, convey, or otherwise influence the movement of stormwater runoff.
EQUIVALENT RESIDENTIAL UNIT (ERU). A unit of measure of impervious surface (in square feet) that represents the impervious surface area on the average single-family residential parcel in the underlying jurisdiction as a unit of comparison. ERU shall mean, for the purposes of this chapter, 3,100 square feet of impervious surface.
GROSS PARCEL AREA. The property area contained within the legally described boundaries of a property or the total lot size of a property, in acres.
IMPERVIOUS SURFACE. Developed areas of land that prevent or significantly impede the infiltration of stormwater into the soil. Typical IMPERVIOUS SURFACES include, but are not limited to, roofs, sidewalks, walkways, patios, swimming pools, 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. IMPERVIOUS SURFACE AREA is synonymous with BUILT UPON AREA (“BUA”) as defined in the Falls Model Stormwater Ordinance for New Development as approved by the state’s Environmental Management Commission on March 10, 2011.
NATURAL STATE. Describes existing undeveloped land where the soil and vegetation characteristics have not been substantially modified or disturbed by human activities and the hydrologic function is in an unaltered or natural condition.
SERVICE AREA. All land within the corporate limits of the Town of Butner.
SERVICE CHARGE. A stormwater management service charge, applicable to a land parcel, which generally reflects the impact on or demand for stormwater management services provided by the town to properly control and manage stormwater runoff quantity and/or quality associated with the land parcel. The SERVICE CHARGE will vary from one land parcel to another based on the impervious surface and gross parcel areas. The SERVICE CHARGE may vary for the same class of service in different areas of the service area and may vary according to classes of service.
SINGLE-FAMILY RESIDENTIAL PARCEL. A parcel with a single-family residential structure used as a single-family dwelling and whose primary use is as a single-family residence.
STORMWATER. The runoff from precipitation that travels over natural state or developed land surfaces and enters a drainage system.
STORMWATER MANAGEMENT PROGRAM. An identified set of measures and activities designed to protect, restore, and/or manage stormwater quality by controlling and/or reducing pollutants and to reduce and/or manage stormwater quantity by controlling velocity, volume, and rate.
STORMWATER MANAGEMENT UTILITY. An organizational structure that is responsible for funding, administering, and operating the town’s stormwater management program, and that is supported through a rate structure based on the impervious surface area and gross area found on land parcels located within the service area.
STORMWATER SERVICES UTILITY MANAGER. A person working for or on behalf of the town to administer the stormwater management program.
UNDEVELOPED LAND. All land that is not altered from its natural state.
(Prior Code, § 2103)
(A) There is hereby established a town stormwater management utility that shall be responsible for implementing, operating, and administering the town’s stormwater management program as defined herein.
(B) There is hereby established a Town Stormwater Management Enterprise Fund for the purpose of dedicating and protecting funding applicable to the responsibilities of the stormwater management utility including, but not limited to, rents, rates, fees, charges, and penalties as may be established after due notice having been given and a public hearing held by the Council as required by G.S. § 160A-314(a1)(1). The hearing may be held concurrently with the public hearing on the proposed budget ordinance. Funding may also include other funds transferred or allocated to the stormwater management utility by the Council. All revenues and receipts of the stormwater management utility shall be placed in the Stormwater Management Enterprise Fund and all expenses of the stormwater management utility shall be paid from the Stormwater Management Enterprise Fund, except that other revenues, receipts, and resources not accounted for in the Stormwater Management Enterprise Fund may be applied to stormwater management activities as deemed appropriate by the Council.
(Prior Code, § 2104)
(A) Every parcel within the service area shall be subject to a stormwater management utility service charge derived from the rate structure described below. The rate structure to distribute the cost of services associated with the operation, repair, improvement, and maintenance of public drainage systems and facilities through a schedule of rates, fees, charges, and penalties related to the operation of a stormwater management utility and Stormwater Management Enterprise Fund as established in § 153.04 shall be based on the following parameters:
(1) Fixed charge per parcel based on account existence which directly relates to certain administrative, billing, collections, public outreach, and other charges as may be allocated on a per parcel basis;
(2) Gross parcel area on a given land parcel, which is related to total pollutant loading of stormwater runoff discharged from that land parcel. The gross area blocks are as follows:
(a) A parcel of zero to < two acres in gross area is one block;
(b) A parcel of two to < ten acres in gross area is two blocks;
(c) A parcel of ten to < 100 acres in gross area is three blocks; and
(d) A parcel of 100 or greater acres in gross area is four blocks.
(3) Impervious surface area on a given land parcel, which directly relates to the volume, rate, and pollutant loading of stormwater runoff discharged from that land parcel to the town’s structural and natural drainage systems and facilities. An impervious area units charge for stormwater costs shall be allocated to impervious area on an ERU basis. Impervious surface area rates will apply to each unit or part thereof of impervious area; and
(4) Based on an analysis by the town upon the enactment of this chapter of impervious surface area on properties throughout the town, an impervious surface area of 3,100 square feet is hereby designated as one ERU.
(B) Each single-family residential parcel shall be charged for one ERU of impervious area.
(C) Each residential unit in a townhome, condominium, or other multi-family structure with individual unit ownership and duplexes shall be billed for one ERU of impervious area.
(D) There will be no impervious area units charge for land parcels with fewer than 500 square feet of impervious surface area.
(Prior Code, § 2106)
The schedule of rates, fees, charges, and penalties related to this chapter shall be adopted after notice and a public hearing as required by G.S. § 160A-314. As set out in G.S. § 160A-314, the hearing may be held concurrently with the public hearing on the town’s proposed budget. The schedule of rates, fees, charges, and penalties shall apply to all land parcels within the service area, except as may be altered by credits or exemptions provided in this chapter.
(Prior Code, § 2107)
(A) Method of billing. Billing and collection of the stormwater management utility service charges for stormwater management services and facilities shall be billed with property taxes under the general administration of the Town Manager and shall be payable in the same manner as property taxes.
(B) Delinquencies. Stormwater management utility service charge billings that are not paid within the time allowed for the payment of property taxes shall be collected by any remedy provided by law for collecting and enforcing private debts or in any other manner authorized by law.
(C) Application of payment. Payment will be applied to a customer’s bill in the following order:
(1) Interest, to the extent allowed by law;
(2) Civil penalties assessed pursuant to this Chapter; and
(3) Stormwater management utility service charge.
(D) Appeal of disputed bills and adjustments. If any citizen wishes to dispute a stormwater utility service charge billing or any other rents, rates, fees, charges, or penalties adopted pursuant to this chapter, that citizen must submit a written appeal within 60 days from the date of billing, stating the reasons for the appeal, and providing information pertinent to the calculation of the billed charge. A timely appeal shall stay the penalty deadlines. An appeal of a disputed bill shall be filed with the Stormwater Utility Manager for review and disposition. If the citizen is not satisfied with the disposition of the appeal, the citizen may further appeal the disputed charge to the Town Manager or his or her designee who shall make the final ruling on the validity of the appeal.
(Prior Code, § 2108)
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