The purpose is to provide a funding mechanism for the following services:
(A) The administration, planning, analysis, installation, construction, operation, maintenance and replacement of public drainage systems.
(B) The administration, planning, implementation, construction, and maintenance of storm water best management practices (BMP's) to reduce the introduction of sediment and other pollutants into local water resources.
(C) Other education, engineering, inspection, monitoring, testing and enforcement activities as necessary to maintain compliance with local, state and federal storm water requirements.
(Ord. 115, passed 10-14-2014)
There is hereby established a public utility to be known as the storm water utility for the city. The storm water utility shall be operated as a public utility pursuant to the city code and applicable Minnesota Statutes. The revenues derived there from shall be subject to provisions of this section and M.S. § 444.075. The storm water utility shall be part of the Public Works Department and shall be administered by the Public Works Director. This chapter shall apply to the entire city.
(Ord. 115, passed 10-14-2014)
Unless the context specifically indicates otherwise, the following terms, as used in this section, shall have the meanings hereinafter designated.
LAND USE. The LAND USE for a given parcel shall be the “tax classification” for that parcel on record at the Pope County Recorder's Office, or other land use classification that is updated by the City Zoning Officer.
MULTI-FAMILY. Land use classification of parcels with four or more living units.
RESIDENTIAL. Land use classification of parcels with three or less living units.
RESIDENTIAL EQUIVALENCY FACTOR. Referred to herein as “REF”, is the ratio of the accumulated direct runoff generated by a particular land use to the accumulated direct runoff generated by the residential land use.
SURFACE AREA. Referred to herein as “SA”, shall be the area of the parcel in acres, subject to any standardization, adjustments or exceptions outlined in this chapter.
UNIT RATE. Referred to herein as “UR”, is the rate in dollars per acre to be charged per one REF.
(Ord. 115, passed 10-14-2014)
(A) Determining the REF.
(1) The accumulated direct runoff (Q) used to determine the REFs shall be calculated based on an evaluation of the land use and application of a standardized soil type and rainfall event.
(2) The calculated direct runoff (Q) shall be based on the runoff equation in the Natural Resources Conservation Service (NRCS) National Engineering Handbook, Part 630 - Hydrology, Chapter 10 - Estimation of Direct Runoff from Storm Rainfall. The equation is as follows:
Q = (P - 0.2S)2
P + 0.8S
Where:
S = (1000/CN) - 10
P = 2.0 inches (Based on a 24-hour two-inch rainfall event)
CN = Runoff index (Based on the land use and the Natural Resources Conservation Services; NRCS Type B soils)
(3) (a) The runoff indices (CN) and REFs for the various land uses within the city shall be set forth in the table below:
Land Use | Runoff Index (CN) | REF |
Land Use | Runoff Index (CN) | REF |
Agricultural | Exempt | Exempt |
Airport Hangers | 85 | 2.72 |
Commercial | 92 | 4.23 |
Industrial | 88 | 3.30 |
Institutional | 88 | 3.30 |
Lakes/Streams/Wetlands | Exempt | Exempt |
Multi-Family | 85 | 2.70 |
Municipal | Exempt | Exempt |
Parks/Cemetery | Exempt | Exempt |
Public-Government | 92 | 4.23 |
Railroad | 88 | 3.30 |
Residential | 72 | 1.00 |
Road right-of-way | Exempt | Exempt |
(b) The REF for land uses not list above shall be determined by the city based on probable hydrologic response.
(B) Establishing unit rates. The City Commission shall from time to time, by resolution, establish the unit rate for each REF. The unit rate so established shall be on file with the City Administrator/Clerk and shall be used to compute the charges for a given parcel of land based on the following formula:
Storm Water Charges = (UR) x (REF) x (SA)
(C) Standardized charges. The following rules shall apply for the purpose of simplifying and equalizing charges: A standard surface area of 0.32 acres shall be used for residential parcels.
(D) Vacant parcels. Land use vacant parcels shall be charged one-half the amount of non-vacant parcels in that land use category.
(Ord. 115, passed 10-14-2014)
(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)
Policy Statement
All properties within the City of Glenwood shall contribute to the storm water utility in an amount proportional to the runoff generated by each land use type.
Credits
Storm water utility fees may be adjusted under the conditions stated below. It shall be the responsibility of the property owner to provide justification for the fee adjustment (credit).
City staff or the city engineer must approve all credit applications. Credits may be applied for year round.
Parcels subject to the standardized charges and/or are limited by a minimum or maximum fee are not be eligible for credits.
Parcel fees that would be limited by the set maximum fee can choose to keep the maximum fee or be eligible for credits or adjustments to area as set forth elsewhere herein, but not both.
Note that maximum credits are cumulative and cannot exceed 75 percent.
Wetland areas shall be excluded from the total parcel area when calculating the utility fee.
Storm Water Quantity Reduction and Quality Improvement Credits
1) Detention - If it can be demonstrated that an individual parcel detains storm water runoff such that the peak runoff rate is equal to or less than the predevelopment peak rate (prior to urbanization) for the 2-, 10- and 100-year 24-hour rainfall events, that parcel shall be eligible for up to a 50% credit.
2) Retention - If it can be demonstrated that an individual parcel meets all of the following criteria, that parcel shall be eligible for up to a 75% credit:
• Runoff volume is retained or infiltrated equal to at least 1.1 inches calculated over the parcels impervious surface.
• Retention or infiltration occurs on-site, in a constructed stormwater management facility.
• The facility is properly maintained by the property owner.
3) Water Quality - If it can be demonstrated that an individual parcel has: Best Management Practices (BMPs) constructed specifically for the purpose of storm water enhancement, and meets all of the following criteria, that parcel may be eligible for up to a 50% credit.
• Documentation must be provided to the City for evaluation of the BMP demonstrating the water quality improvement. It is required that the documentation be prepared by a licensed professional engineer of the State of Minnesota and provide the necessary drawings and calculations to support the storm water benefit. It is the applicant's responsibility to prove the benefit.
• The storm water utility fee shall be reduced by a percentage based on the treatment capacity, average annual load reduction, of the BMP(s). A cumulative maximum credit of 50% may be obtained.
• The following is a non-exhaustive list of example Best Management Practices:
Storm water retention and detention ponds
Wet or dry swales Filter Strips
Infiltration trenches or ponds
Underground Storage or Filters
Sand Filters
Soak Away Pits
Green Roof
Pervious Pavers
Dry Wells
Land Use Credits
1) Parcels with green space meeting all of the below criteria may be eligible for up to a 75% credit. The credit shall be calculated based on the percentage of the total parcel eligible.
Criteria:
a. Green/vacant space shall be pervious, continuously vegetated areas incorporated into the developed parcel.
b. The property must comply with other City of Glenwood ordinances such as mowing and nuisance or noxious weed ordinances.
c. The space shall not have more than 25% impacted, compacted soils. Examples of impacted spaces are trails and compacted gravel areas.
d. The green/vacant space must be a continuous vegetated area and be equal in size to at least 10% of the total parcel.
e. The eligible green/vacant space must have a separation of at least 10 feet from any impervious surface.