CHAPTER 51: STORMWATER UTILITY
Section
   51.01   Authority
   51.02   Definitions
   51.03   Service charges; rates; fee schedules
   51.04   Exemptions; credits
   51.05   Billing method; responsible parties
   51.06   Backbilling
   51.07   Billing standards
   51.08   Appeals
   51.09   Limits of responsibility
   51.10   Stormwater permit fee
   51.11   Roadway drainage
   51.12   Village participation in drainage projects across private property
§ 51.01 AUTHORITY.
   (A)   Pursuant to Article 14, Section 5 of the North Carolina Constitution and G.S. Chapter 160A, Article 16, the Village of Clemmons Council hereby creates a public enterprise for the purpose of generating revenue to support the Clemmons stormwater management program. The public enterprise shall be referred to as the Clemmons Stormwater Utility.
   (B)   Pursuant to G.S. § 160A-311, the Village of Clemmons Council hereby determines that the fees generated by the Stormwater Utility will support the stormwater management program which is designed to protect surface water quality by controlling the level of pollutants in, and the quantity and flow of stormwater; and to effectively maintain the structural and natural stormwater and drainage systems.
   (C)   Pursuant to G.S. § 160A-312, the Village Council assumes the full authority to act on behalf of the enterprise to acquire, construct, establish, enlarge, improve, maintain, own, operate, and contract for the operation of the Clemmons Stormwater Utility and the associated stormwater management program; and assumes full authority to protect and regulate the Stormwater Utility by adequate and reasonable rules, and shall enforce such rules as adopted by ordinances with the remedies available under any provision of law.
   (D)   Pursuant to G.S. § 160A-314(a1)(2), the fees established under this chapter are made applicable for all property as indicated herein and located throughout and within the corporate limits of the Village of Clemmons as they currently exist and as they may be amended. It is also declared by the Village of Clemmons Council that the rates, fees, and charges imposed under the authority may not exceed the village’s cost of providing the stormwater management program, and that the village’s cost of providing the stormwater management program includes any costs necessary to assure that all aspects of stormwater quality and quantity are managed in accordance with federal and state laws, regulations and rules. All other provisions of G.S. § 160A-314 are adopted by reference to be applicable to the Clemmons Stormwater Utility.
(Ord. 2005-04, passed 4-25-05)
§ 51.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions and acronyms shall apply unless the context clearly indicates or requires a different meaning.
   ADJACENT BLKLOT. A BLKLOT that physically adjoins another BLKLOT having a common boundary line at any point in the parcel. A BLKLOT separated by roads, railroads, or other public rights-of-way is not considered an ADJACENT BLKLOT.
   BLOCK/LOT (BLKLOT). Taxable parcel as defined in the Forsyth County tax records.
   EQUIVALENT RESIDENTIAL UNIT (ERU). A measure of the amount of impervious surface area contained on a typical single-family residence in Clemmons. This has been determined to be 3,952 square feet of impervious surface area. An ERU is also the basis for charging a stormwater fee.
   HABITABLE DWELLING UNIT (HDU). A permanent or semi-permanent (e.g., mobile home) structure, that could provide shelter for one family unit, and has at least one each of the following: sleeping area (bedroom), cooking area (kitchen), and sanitary area (bathroom). A camper trailer would qualify if it is a primary residence and meets the stated criteria.
   IMPERVIOUS SURFACE AREA. A surface which, because of its composition or compacted nature, impedes or prevents natural infiltration of water into the soil, including but not limited to: roofs, solid decks, driveways, patios, sidewalks, parking areas, tennis courts, streets, or compacted gravel surfaces. (Note: slatted decks, swimming pools, ponds, and lakes are considered pervious.)
   MANUFACTURED HOUSING DEVELOPMENT. Any BLKLOT maintained, offered, or used for parking two or more manufactured homes, regardless of whether or not a charge is made for such accommodations.
   RESIDENTIAL BILLING CATEGORIES: 
   MULTI-FAMILY RESIDENCE (MFR). A BLKLOT or complex containing two or more HDUs. Examples: townhouses, condominiums, apartment complexes, duplexes, and mobile home parks.
      (1)   MULTI-FAMILY RESIDENTIAL - MULTIPLE OWNERSHIP (MFR-MO). A collection of BLKLOTs that make up a defined development sharing common areas and private streets where each HDU is owned separately and there is only one HDU per BLKLOT. Examples include townhouses or condominium complexes.
      (2)   MULTI-FAMILY RESIDENTIAL - SINGLE OWNERSHIP (MFR-SO). A BLKLOT or complex where a single entity owns the entire complex or major portions of the complex. In this situation each BLKLOT will have multiple HDUs. Examples include apartment complexes, mobile home parks, and duplexes.
   NON-RESIDENTIAL (NR). All property other than residential. Examples include commercial, industrial, institutional, governmental, utilities, religious, tax-exempt.
   NON-SINGLE FAMILY RESIDENTIAL (NON-SFR). Any land use other than single-family residential, except for undeveloped land.
   SINGLE FAMILY RESIDENTIAL (SFR). A single BLKLOT having only one HDU and having no apparent commercial activity or value. (The term includes manufactured homes that are not located in manufactured housing developments and MRF-MO. For billing purposes, a SFR BLKLOT being used for a commercial purpose does not fit in this category, but will be billed according to the Non-Single Family Residential standard as listed in § 51.07(A)(2). Examples include but are not limited to child day care or family group homes.)
   SAME BLKLOT OWNERSHIP. The name listed in the Forsyth County tax records is the same for two or more BLKLOTs.
   UNDEVELOPED BLKLOT. A whole, legally recorded parcel of land having no apparent added developed or miscellaneous value according to the Forsyth County tax records and with insufficient impervious area to meet the minimum threshold for charging a stormwater fee as defined herein.
(Ord. 2005-04, passed 4-25-05; Am. Ord. 2021-11, passed 6-28-21)
§ 51.03 SERVICE CHARGES; RATES; FEE SCHEDULES.
   (A)   The initial stormwater utility shall be first implemented to coincide with the Clemmons fiscal year encompassing July 1, 2005 to June 30, 2006. During August, 2005, and annually thereafter, stormwater fees shall be billed as part of the Forsyth County property tax billing statement. All stormwater service fees collected during each fiscal year shall be deemed revenue applicable for the July - June budget year in which they were billed.
   (B)   The Forsyth County Tax Collector will be the sole agency authorized to collect Clemmons' stormwater fees.
   (C)   Stormwater service fees shall apply to all property with the village limits without regard to ownership, governmental, or non-profit status, except as set forth in § 51.04. Such charges shall be based on the amount of impervious surface area on each parcel as determined by the equivalent residential unit (ERU) standard, identified in § 51.07.
   (D)   The schedule of rates shall be set forth each year in the annual Village of Clemmons budget ordinance by the Village Council. All other stormwater related fees shall be set forth in the Village of Clemmons fee schedule as adopted in the annual budget.
(Ord. 2005-04, passed 4-25-05; Am. Ord. 2021-11, passed 6-28-21)
§ 51.04 EXEMPTIONS; CREDITS.
   (A)   Except as provided in this section, no public or private property shall be exempt from stormwater service charges or receive a credit against such charges.
   (B)   Undeveloped land, public rights-of-way maintained by the State of North Carolina and the Village of Clemmons, and railroad rights-of-way shall be exempt from stormwater service fees.
   (C)   Stormwater management is a multi-faceted program extending beyond the physical location and conditions of an individual property's stormwater discharge or runoff. Additionally, stormwater runoff affects recharged groundwater. Therefore, properties not draining into the village's drainage system are not exempt, nor will receive credits, from the provisions of this chapter simply due to the fact that they are not utilizing the village's stormwater system.
(Ord. 2005-04, passed 4-25-05)
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