A. A stormwater service fee, calculated as provided in subsection D of this section, or as increased as provided in subsection E of this section, shall be imposed on each lot or parcel of real property within the City upon which any improvement or development creates an impervious surface or surfaces and upon the owners of the benefited real property. As used in this article, the term "impervious surface" means a surface on or in real property where the infiltration of stormwater into the earth has been reduced by manmade improvements such as, but not limited to, buildings or other structures, streets, parking lots, driveways, patio areas, roofs, sidewalks, paving and compacted surfaces. The stormwater service fee shall only be used to pay for the operation, maintenance, administration, capital improvements, MS4 permit administration and compliance, and routine functions of the City stormwater drainage system by the enterprise, and for the operation, maintenance, capital improvements and administration of future stormwater facilities which may be established within the City, or to pay for Stormwater Program expenses and improvements which are required by the terms of any intergovernmental agreement entered into by the City prior to June 1, 2016, and to pay for the design, right- of-way acquisition and construction or reconstruction of existing and future City stormwater facilities. This stormwater service fee is intended to constitute payment for use of the stormwater system by the benefited real property upon which the stormwater service fee is imposed and upon the owners of the benefited real property.
B. The fees and charges may be billed to the owner of a property, or to the lessee or other occupant of that property. However, the legal responsibility for payment of fees under this article shall always be the obligation of the property owner. The owner's obligation to pay the stormwater service fees shall be deemed satisfied to the extent that the lessee or other occupant of the owner's property pays the fee due. Failure of a lessee or occupant to pay a stormwater service fee shall not relieve the owner of liability for and the duty to pay that fee to the enterprise on or before the date due. It is at all times the property owner's duty to ascertain, know and pay the fees due upon the owner's property. Any failure of the City to provide notice to the property owner of the stormwater service fees due upon the owner's property shall not relieve the owner of the duty and responsibility to pay those fees.
C. Contiguous lots or parcels located within the City limits shall be treated as a single lot or parcel for calculation of stormwater enterprise fees if the following conditions are met:
1. The lots or parcels are contiguous. "Contiguous" shall mean adjacent lots or parcels with a common lot line. Lots or parcels separated by a public street right-of-way are not contiguous.
2. The lots or parcels are owned by the same person or entity.
3. The contiguous lots or parcels are all classified in the same property category established pursuant to subsection D of this section.
D. Effective July 1, 2018, stormwater service fees are hereby imposed upon all improved or developed property within the City based upon the following classifications of property as set forth in the table below:
Class Of Property | Fee Rate |
Residential property | $5.00 per dwelling unit/month |
Non-residential property | $30.00 per acre/ month |
E. Stormwater service fees as established in subsection D of this section may be increased by City Council by duly adopted City Council resolution only to the extent required to comply with a valid court order, Federal or State permits, Federal or State laws, or any intergovernmental agreement to which the City is a party which was entered into before June 1, 2016.
F. For individual parcels of improved or developed non- residential property larger than five (5) acres in size, in determining the size in acres or portion of an acre subject to the service fees, the SE Manager shall disregard contiguous areas of substantial size which either: 1) have not been improved and remain in a natural state, or 2) which are improved only with pervious grass or vegetative coverings, including park land, golf course playing areas, and grassed athletic fields; provided, however, that this provision shall under no circumstances be applied to exclude from the fees areas of grass and landscaping associated with improvements or developments. (Ord. 05-192; Ord. 07-133; Ord. 08-44; Ord. 17-69)