A. Imposed: Each developed parcel of real property in the city shall be charged a monthly storm sewer utility fee. (Ord. 10-6-98A, 10-6-1998; amd. 2004 Code)
B. Equivalent Residential Unit (ERU): The storm sewer utility fee shall be based on the number of ERUs contained on the parcel. The city council finds that the ERU is the most accurate measurement for determining the amount that each parcel contributes to, benefits from, and otherwise uses the storm sewer utility. Based upon a random survey of approximately one hundred (100) building permits for single-family residential homes in the city, the city council finds and establishes that one ERU equals two thousand nine hundred (2,900) square feet of impervious surface area.
C. Calculation: The city council finds that each single-family residential parcel contributes approximately the same amount of stormwater runoff; therefore, each developed single-family residential parcel shall pay a base rate of one ERU. All nonsingle-family residential parcels shall pay a multiple of this base rate, expressed in ERUs according to the measured impervious area on the parcel. The city council may adopt separate rates for planned residential developments (PRDs), condominiums and other uses that are not easily handled under the standard rate schedule.
D. Charge Per ERU: The amount charged for each ERU shall be established by resolution of the city council according to the city fee schedule. (Ord. 9-20-2011A, 9-20-2011)
E. Exemptions And Credits: The city council may establish exemptions and credits to the storm sewer utility fee by resolution.
F. Policies: The public works director may adopt policies, consistent with this chapter and any resolutions passed by the city council, to assist in the application, administration and interpretation of this chapter and any resolutions related to the storm sewer utility. (Ord. 10-6-98A, 10-6-1998; amd. 2004 Code)
G. Appeals:
1. Any person or entity that believes that this chapter, or any storm sewer utility rate resolution, was interpreted or applied erroneously, may appeal to the city manager. The appeal shall be in writing, shall state any facts supporting the appeal, and shall be submitted to the city manager within three (3) months of the decision, action or bill being appealed. (Ord. 9-20-2011A, 9-20-2011)
2. The city manager may elect to hold a hearing on the appeal.
3. The city manager shall decide and issue a written memorandum decision on the appeal within fifteen (15) working days of when the appeal is filed, unless a hearing is held, in which case the decision shall be issued within ten (10) working days after the date of said hearing, or within fifteen (15) working days of when the appeal is filed, whichever is later. The memorandum of decision shall include the reasons or grounds for the decision.
4. If the person or entity is not satisfied with the city manager's decision, a further appeal may be made to the city council. The appeal to the city council shall be made in writing, shall include a copy of the original appeal filed with the city and the city manager's memorandum of decision thereon, and shall be filed with the city recorder within ten (10) days after the date of said memorandum of decision. The city council shall hear the appeal at the next regularly scheduled council meeting, in accordance with the applicable noticing provisions of Utah Code Annotated section 52-4-1 et seq. The city council's decision on the appeal shall be final and binding on all parties. (Ord. 10-6-98A, 10-6-1998; amd. 2004 Code)