§ 54.04 USER FEES ESTABLISHED.
   (A)   All owners or lessees of real property in the city shall be charged for the use of the stormwater system based on an estimate of the amount of stormwater and rate of flow of stormwater that is projected to discharge into the city stormwater system from the property. No property shall be exempt from this fee except those classified as vacant by the Hocking County Auditor with Land Use Codes of 100, 300, 400 or 500. However, any property with measurable impervious area within those classifications shall not be exempted from this fee.
   (B)   By this chapter, which may be amended from time to time by resolution of the Council, the city hereby sets and establishes a system of fees that is intended to assess users their fair and equitable share of the costs for use of the stormwater system for each property within the city. These fees shall be established in an amount sufficient to defray the reasonable costs for federal stormwater permit requirements, along with the operation, maintenance, and construction of necessary improvements or additions to the stormwater system. The subsequent amendments or adjustments shall take into consideration the amount of funds reasonably necessary to meet the level and cost of service required to manage and operate the stormwater system, including any previously unforeseen inflationary pressures, system expansion, increases in state and federal program mandates, or related issues that may necessitate management program expansion.
   (C)   The stormwater user fee shall be a monthly service charge and shall be determined by the provisions of this chapter and the applicable equivalent residential unit (ERU) and ERU rate established hereunder, which provisions may be amended from time to time in accordance with the provisions of this chapter or by resolution of the Council.
   (D)   The Service Director shall make recommendations to the Council to adjust this definition of ERU from time to time by resolution to reflect development trends within the city or further equitably divide the costs of supporting the operation and maintenance of the stormwater system. In adjusting this definition, the Council shall take into consideration the source of the data from which the subject ERU is to be established, the general acceptance and use of the source on the part of other stormwater systems, and the reliability and general accuracy of the source. The Council may also utilize information obtained from property tax assessor's rolls or site examination, mapping information, aerial photographs, and other reliable information in order to determine impervious surface areas.
      (1)   SFR developed properties shall be billed on a per unit basis at one ERU per month.
      (2)   Two family residential developed properties shall be billed one ERU per water meter per month.
      (3)   Condominium developed properties with individual lot numbers shall be billed on a per unit basis at one ERU per month.
      (4)   Other multi-family residentially developed properties and non-residential developed properties shall be billed on an ERU calculation which is a quotient, the numerator of which is the total impervious area of the property, and the denominator of which is the then-effective average impervious area for an ERU. The impervious area estimate shall be based on ortho-rectified aerial photography and/or as-built plans as approved through the building permit process, or other sources at the discretion of the Service Director.
      (5)   Notwithstanding any other provision of this chapter, the STWUD shall access the need for rate increases and report findings to the Council.
   (E)   The user fee established pursuant to this Chapter 54 shall be payable as provided herein, and in the amount which is determined as follows. The billing rate per month for an ERU shall be:
 
1 ERU
$3.00 per ERU
2-10 ERU
$2.50 per ERU
11-49 ERU
$2.00 per ERU
>49 ERU
$1.50 per ERU
 
   (F)   Rates and charges incurred under this section shall be prepared and collected by the city in accordance with those provisions regulating the preparation and issuance of bills for utility service. The monies collected under this section shall be used expressly for the benefit of the stormwater system.
(Ord. 13-2014, passed 5-13-14; Am. Ord. 16-2015, passed 7-14-15)