(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)