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The City Council recognizes that the control and regulation of stormwater drainage is necessary to protect the environment and the public health safety and welfare. The Council hereby finds that:
(1) In the exercise of its governmental authority the city has constructed, operated, and maintained a stormwater system;
(2) It is necessary and desirable to provide a method of recovering the future costs of improving, maintaining, and operating the system by establishing a program of user charges;
(3) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable to assign responsibility for some or all of the future costs of operating, maintaining, and improving the system on the basis of the expected stormwater runoff from the various parcels of land with the city; and
(4) Assigning costs and making charges based upon impervious coverage can only be accomplished within reasonable and practical limits. The provisions of this chapter establishes a reasonable and practical methodology from making such charges.
(Ord. 07-21, passed 8-23-2021)
(1) The city stormwater system shall be operated as a public utility (hereinafter called the "stormwater utility" or "utility"), pursuant to M.S. § 444.075, from which revenues will be derived subject to the provisions of this chapter and Minnesota Statutes.
(2) The stormwater system consists of lift stations, catch basins and manholes, collection piping, forcemain, storage tanks and ponds, structural and non-structural BMP's (Best Management Practices), and associated appurtenances located within public right-of-way and/or dedicated easements.
(3) The stormwater utility shall fund the operation, maintenance, repair, and replacement of the stormwater system.
(4) The stormwater utility shall not be used to fund expansion of the system to accommodate new development.
(5) The city shall, as part of its annual budget process, adopt an operating budget for the stormwater utility for the next fiscal year. The operating budget shall be prepared in conformance with the state budget law, city policy, and generally accepted accounting practices.
(Ord. 07-21, passed 8-23-2021)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEST MANAGEMENT PRACTICE (BMP). A stormwater practice used to provide water quality treatment or manage stormwater runoff. Examples include storm ponds, infiltration basins, rain gardens, etc.
IMPERVIOUS SURFACE. A compacted surface or a surface covered with material (i.e., gravel, asphalt, concrete, Class 5, etc.) that increases the depth of runoff compared to natural soils and land cover. Including but not limited to roads, driveways, parking areas, sidewalks and trails, patios, tennis courts, basketball courts, swimming pools, building roofs, covered decks, and other structures.
STORMWATER UTILITY FEE. The charge developed for each parcel of land pursuant to this chapter, charged quarterly.
ANNUAL UTILITY REVENUE. The revenue amount equal to the estimated annual expenditures for planning and inventories, capital expenditures, personnel and equipment and operation of the stormwater utility, in accordance with established city policy.
(Ord. 07-21, passed 8-23-2021)
(1) Stormwater utility fees shall be established for a period of time as set by City Council ordinance and as established in the city fee schedule. The City Administrator shall annually review rates and make recommendations to the Council for adjustments in the rates and other charges. Such recommendations to the Council regarding rate adjustment shall be based upon annual report of the operations of the utility, including an account of all monies or revenue received and disbursed, together with a working budget estimate of the needs of the utility.
(2) Determination. The stormwater utility fee shall be determined based on the total impervious surface coverage throughout the city. Exempt land uses shall be excluded from the computations. The proportion of residential and non-residential impervious coverages shall be calculated. The total residential fee and non residential fee is determined using the respective impervious proportion and the annual utility revenue.
(3) Residential fee. The residential fee is charged per parcel to those parcels with single family residential, multi-family residential, and rural residential land uses. This includes single family, duplexes, and townhomes. This does not include multi-family buildings consisting of three or more units where one or more of the units does not have primary ground floor access to the outside.
(4) Non-residential fee. The non-residential fee is charged per acre of impervious surface to those parcels with airport, commercial, government facilities, house of worship, industrial, schools, and utility land uses. Multi-family buildings consisting of three or more units where one or more of the units does not have primary ground floor access to the outside, are included in this grouping.
(Ord. 07-21, passed 8-23-2021)
Cross-reference:
City fee schedule, see § 218.01
The Council may adopt policies, by resolution, for adjustment of the stormwater utility fees. Information to justify a credit adjustment must be supplied by the property owner. Such adjustments of fees shall not be retroactive. Credits will be reviewed by city staff.
(Ord. 07-21, passed 8-23-2021)
The following land uses are exempt from the stormwater management fee:
(1) Public road right-of-way;
(2) Lakes;
(3) Wetlands;
(4) Permanent open space or land covered by a conservation easement;
(5) Agricultural properties with no residence;
(6) Cemeteries;
(7) Vacant land;
(8) City and county public parkland; and
(9) Other parcels, such as those owned by entities that are MS4 permittees, as determined on a case by case basis as determined by the city.
(Ord. 07-21, passed 8-23-2021)
Each billing for stormwater utility fees not paid when due shall incur a penalty charge as established in the city fee schedule.
(Ord. 07-21, passed 8-23-2021)
Cross-reference:
City fee schedule, see § 218.01
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