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§ 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)
§ 51.05 BILLING METHOD; RESPONSIBLE PARTIES.
   (A)   (1)   The billing and collections system for the Utility shall be administered by the Forsyth County Tax Collector as set forth in the agreement between the Village of Clemmons and Forsyth County. Stormwater billing fees will be assigned to BLKLOTs based on property ownership data on file with Forsyth County Tax Collector, and this fee will be included in the annual ad-valorem property tax collection invoices administered annually by the Tax Collector.
      (2)   The Village of Clemmons will maintain the billing data master account file, and this file will indicate the number of ERUs attributable for each BLKLOT as evidenced by the Tax Collector files as of January 1 of each year prior to the subsequent budget year beginning the following July 1. Stormwater charges will appear on the annual tax bill which will be mailed to property owners consistent with the annual property tax billing schedule. The property owner is ultimately responsible for payment of the annual stormwater service fee for each BLKLOT and lot as listed on the tax invoice.
   (B)   Due date. Stormwater fees are due and payable according to the same payment schedule applicable to property taxes as set forth in G.S. § 105-360. Payments are due and payable on September 1 of the fiscal year for which the fees are levied. Fees are payable at face value if paid before January 6 following the due date.
   (C)   Delinquent fees. Fees paid on or after January 6 following the due date are delinquent and are subject to interest charges as set forth in G.S. § 105-360.
   (D)   Delinquent fees procedure. Delinquent fees may be collected in the same manner as delinquent property taxes. Interest charges on delinquent fees shall be collected in like manner. Accordingly, the Tax Collector shall proceed to collect such fees and interest by use of any remedy allowed for under G.S. Chapter 105, Article 26. Ths includes, but is not limited to, the North Carolina State Debt Setoff program as set forth in G.S. Chapter 105A, Article 1, and procedures for attachment and garnishment as designated by G.S. § 105.368.
   (E)   The creation of tax liens as a remedy for delinquent stormwater fees is hereby authorized as specified in G.S. § 160A-314(a1)(4). This authorization includes all actions reasonably associated with the creation of tax liens, including but not limited to, the advertisement of unpaid fees.
   (F)   The Village of Clemmons may, at its sole discretion, commence legal actions allowed to collect unpaid debt or impose penalties on such unpaid debt as allowed by law.
   (G)   Medium of payment. The method of fee payment shall be payable and subject to the allowances and restrictions identified in G.S. § 105-357.
   (H)   Place for collection. Stormwater fees shall be payable at the office of the Forsyth County Tax Collector and other places designated by the Tax Collector for the payment of such fees. Stormwater fees shall not be collected by the Village of Clemmons or its personnel.
   (I)   Immaterial irregularities. Immaterial irregularities, as listed in G.S. § 105-94, will not invalidate the fee imposed upon BLKLOTs nor the ability of the Forsyth County Tax Collector to otherwise enforce any other process identified in this chapter.
(Ord. 2005-04, passed 4-25-05; Am. Ord. 2005-12, passed 10-24-05)
§ 51.06 BACKBILLING.
   Failure to receive a bill is not justification for nonpayment. The owner of each parcel of developed land, unless excepted by this chapter, shall be ultimately obligated to pay such fee. If a customer is under-billed or if no bill is sent for developed land, the village shall backbill for unpaid fees for a period up to three years.
(Ord. 2005-04, passed 4-25-05)
§ 51.07 BILLING STANDARDS.
   (A)   Each developed BLKLOT which has impervious surface equal to or greater than 500 square feet shall be billed the appropriate stormwater fee.
      (1)   Single Family Residence (SFR) BLKLOTs. Each SFR BLKLOT will be billed based on the amount of impervious area on their property as of January 1 of the subsequent billing year, as identified in § 51.03(D). Any BLKLOT containing a single manufactured home will be considered as an SFR BLKLOT. Exception: A BLKLOT that is adjacent to an SFR BLKLOT, and is under the same ownership as the adjacent SFR BLKLOT, and does not have an HDU or commercial value/activity, may not be billed. (Examples include adjacent BLKLOTs containing only private driveways or sheds.)
      (2)   Non-Single Family Residential (Non-SFR) BLKLOTs. All Non-SFR BLKLOTs shall be billed based on the amount of impervious area on the site as of January 1 of the subsequent billing year. The actual impervious surface area will be measured in square feet, and the number of ERUs calculated by dividing the total square feet of impervious area by the ERU amount. The impervious area present on each Non-SFR BLKLOT will be updated annually as needed using best available information.
   (B)   Billing basis: SFR and Non-SFR. The basis for determining whether each BLKLOT is billed SFR or Non-SFR will be the underlying zoning district and associated land use as listed by the Forsyth County Planning Permits Department. All BLKLOTs located in RS (Single Family) zoning districts as designated by the Forsyth County zoning map shall be billed as SFR, unless the land use of such SFR zoning districts clearly indicates a Non-SFR use. Examples of such occurrences may include, but are not limited to, legally non-conforming uses or potential zoning inaccuracies/violations. All other BLKLOTs will be billed as Non-SFR BLKLOTs. Mobile homes located in mobile housing developments will be handled in accordance with division (F) below.
   (C)   The minimum billable fee shall be based off of the minimum tier (within the fee structure) as approved by Council for Single Family Residential (SFR) BLKLOTs and one ERU for all Non-SFR BLKLOTs. Each fractional ERU for Non-SFR BLKLOTs will be rounded up to the next full ERU when the fractional impervious area is equal to or greater than 500 square feet.
   (D)   Optional billing method for Multi-Family Residential - Multiple Ownership (MFR-MO). 
      (1)   If a homeowners’ association, or similar single entity representing the MFR-MO presents a formal written request, the Village Council may amend the billing method during the upcoming budget year. This option allow all of the BLKLOTs represented by the homeowners’ association to include all common areas, private streets, plus all dwelling units, to be included in one single calculated impervious area. If approved, a single bill will be sent to the association for payment of the calculated impervious area.
      (2)   This alternate billing method requires an agreement between, and approved by, the Village of Clemmons and the homeowners’ association. It is the sole discretion of the Village Council to approve this alternate billing method, and will be based on a case-by-case determination of the homeowners’ association's legal authority to enter into such an agreement with the Village of Clemmons.
   (E)   Manufactured housing developments (MHDs). This section applies to zoning districts designated as Manufactured Housing Developments in the Forsyth County unified development ordinance. Mobile home parks will be billed based on the total impervious area in the MHD. This area will be updated annually by summing the total of:
      (1)   All impervious surface area excluding mobile homes and pads; and
      (2)   The impervious area of all mobile homes and pads. This will be updated annually by using a random sample (2% of mobile homes in the development) to determine the average mobile home pad impervious surface area, and then multiplying that average surface area times the number of mobile homes or pads present as of January 1 each year preceding the subsequent budget year.
   (F)   Mixed-Use BLKLOT. BLKLOTs that include a mixture of residential and commercial purposes will be billed as non-residential BLKLOTs. This use is indicated either by the MU zoning district designated by the zoning maps or by a determination by a Forsyth County Permits Inspector that such a combination exists.
   (G)   The Village Manager has authority to interpret the billing procedures and adjust related billing charges as needed to address circumstances which apply principally to either misinterpretation of this chapter or to miscalculation of billing charges.
   (H)   Privately owned streets. If the street is in an SFR area, impervious area will not be measured or charged. If the street is in a non-residential area with commercial uses, an MFR-SO, or a manufactured housing development, then the impervious area of the street will be measured and included in the total fee determination for the property. Additionally, MFR-MO BLKLOTs which choose the optional billing method discussed above in division (D) will be treated as Non-SFR and include private streets in the impervious area calculation.
   (I)   Rules for sites under construction. Prior to public dedication and acceptance by the Village of Clemmons’ governing body, SFR streets constructed or graveled to an impervious condition will not be billed a stormwater fee unless the subdivision experiences six months of construction inactivity as of January l of each year. Construction activity may be indicated by, but not limited to, any physical construction or permits issued for the site within the last six months for construction purposes.
(Ord. 2005-04, passed 4-25-05; Am. Ord. 2021-11, passed 6-28-21)
§ 51.08 APPEALS.
   Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner:
   (A)   An appeal must be filed in writing with the Village Manager or his or her designee stating the basis of the appeal. At the discretion of the Village Manager, the appeal shall include information displaying the total property area, the impervious surface area, and any information that is pertinent to the appellant's case.
   (B)   A technical review shall be performed to determine the accuracy of the information in the village's impervious surface master account file. The Village Manager may adjust the fee or credit the account as long as the adjustment is in conformance with the intent of this chapter. At the conclusion of the review, the Village Manager shall issue a written determination stating whether an adjustment to the stormwater billing is appropriate, and if so, the amount of such adjustment. Decisions by the Village Manager should be concluded within 60 days of receipt of appeal.
   (C)   Adjustments to fees already paid will be refunded through a check which will be mailed to the offended party no later than 30 days following the approved adjustment. Interest will not be paid by the village on refunds or overpayments.
   (D)   No adjustments will be made for more than the two-year period immediately preceding the date that the customer's appeal is received by the Village Manager.
   (E)   All decisions of the Village Manager shall be served on the customer personally or by registered or certified mail. Service shall be based upon the billing address of the customer as listed in the Forsyth County tax records or other verifiable document.
   (F)   Appeals will only be eligible when received by the village within two calendar years of the applicable payment due date. Example: Fiscal year 2005-2006 stormwater bills, mailed in September, are due and payable no later than January 5, 2006. Appeals resulting from this bill must be received no later than January 5, 2008.
   (G)   Results of appeal requests shall be reported to the elected Village Council.
   (H)   Appeals of the Village Manager's decision shall be brought to the elected Village Council by the aggrieved party by written request. The request must be received by the Village of Clemmons within 60 days of receipt of notice concerning the Village Manager's decision. A decision by the elected Village Council shall be rendered within 60 days of receipt of the appeal, unless delayed by conditions out of their control. All decisions of the Village Council shall be final.
(Ord. 2005-04, passed 4-25-05)
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