(A) Storm water utility fees may be adjusted under any of the following conditions:
(1) Revisions of unit rate. The estimated expenditures for the management of storm water shall be reviewed by the City Commission. The unit rate shall be adjusted accordingly to meet the estimated expenditures and will follow established procedures for adjustment of utility rates.
(2) Minimum or maximum fees. The City Commission may establish a minimum or maximum fee.
(a) The minimum fee for non-vacant parcels shall be set equal to the single-family residential standardized fee. The minimum fee for vacant parcels shall be set at one-half the single-family residential standardized fee.
(b) The City Council shall from time to time, by resolution, establish a maximum fee. The maximum fee so established shall be on file with the City Administrator/Clerk.
(c) Parcel fees limited by the set maximum fee can choose to keep the maximum fee or be eligible for credit adjustments, but not both.
(3) Application for credit. The city may establish a credit policy and utilize a credit application form for consideration of fee reduction.
(4) Change in development condition of parcel. As land is developed and/or redeveloped the fees will be re-computed based on the revised land use.
(B) Fee adjustments by credit application.
(1) The City Commission may by resolution adopt a storm water utility policy and credit policy providing for the adjustment of charges for parcels or groups of parcels based upon hydrologic response substantially different from the REF being used for the parcel or for parcels which employ BMPs or other storm water management practices on-site that significantly reduce the quantity or improve the quality of storm water runoff from the parcel.
(2) Such adjustment shall be made only after receiving the recommendation from the Public Works Director, and shall not be made effective retroactively. If the adjustment would have the effect of changing the REF for all or substantially all parcels in a particular land use classification, such adjustment shall be accomplished by amending the REF table in § 54.04(A).
(C) Adjustment to area. The total parcel area as documented in the Assessor's records will be used to calculate the surface area for a given parcel, except that apparent errors in the recorded values may be subject to recalculation by the city. It is the responsibility of the owner or manager of any parcel to provide the city with necessary surveys, and other information as the city may reasonably request, to determine if a parcel, or portion of a parcel, qualifies for an exception or area adjustment. Requests for exceptions and/or area adjustments will be reviewed after receipt of all requested information. Exceptions and/or adjustments must be approved by the City Engineer and Public Works Director, and shall become effective the beginning of the next billing cycle following approval.
(D) Exceptions. The following land uses are exempt from the storm water utility fees established herein:
(1) Public street right-of-way.
(2) Wetlands and public waters as defined by state law.
(3) Municipally owned property.
(4) Publicly-owned park lands, natural areas, and recreational fields.
(5) Cemeteries.
(6) Parcels with an agriculture county “tax classification” and/or are situated within the AG (agricultural) zoning district of the city.
(E) Falsification of information. Willful failure to provide information that the city may reasonably request related to the use, development and area of a premise, or falsification of such information, shall constitute a violation of this chapter.
(F) Estimated charges. If, for any reason, precise information related to the use, development or area of a premises is not available, then storm water utility charges for such premise shall be estimated, and billed, based upon information then available to the city.
(G) Billing method. Storm water utility fees will be computed by the city. Fees shall be collected by the city together with other city utility fees, or through the use of the county billing system, or by any other method approved by the city in accordance with the procedures set forth in the city code.
(H) Delinquent accounts. Delinquent and unpaid storm water utility fees may be certified to the County Auditor for collection with real estate taxes during the following year or any year thereafter in the manner prescribed in the city code, pursuant to M.S. § 444.075, Subd. 3.
(I) Appeal. If a property owner believes that the fee charged a particular property is incorrect, she or he may request review and re-computation of said fee.
(J) Full force and effect. This chapter shall be in full force and effective upon its passage and publication in accordance with the city charter of the city.
(Ord. 115, passed 10-14-2014)