(A) A Stormwater Utility user fee shall be imposed on all residential and non-residential property within the town, including those classified as non-profit or tax exempt, for services and facilities provided by the Stormwater Utility. This user fee is deemed reasonable and is necessary to pay for the repair, replacement, planning, improvement, operation, regulation and maintenance of the existing and future stormwater system for the town.
(B) For the purposes stated herein, there is hereby assessed a Stormwater Utility user fee to each Stormwater Utility user within the corporate limits of the town, in an amount determined below. For purposes of imposing the Stormwater Utility user fee, all lots and parcels within the town are classified as either residential or non-residential.
(1) Residential. Each residential property is hereby assigned one ERU. A monthly user fee for all residences within the town shall be charged in accordance with the following.
(a) For any residentially platted, but undeveloped lot, the sum of $15 per year shall be paid within the first quarter of the year. The initial payment shall be paid in one lump sum at the time of platting by the developer along with a list containing the lot number, address and parcel number of each lot.
(b) Residences located upon agricultural property shall be charged the sum of $7.50 per month, plus an additional charge of $3.60 per nearest rounded whole acre per year, for each or any part of an acre that the parcel exceeds one acre. Any partial acre of 0.49 or less shall be rounded down to the nearest acre and any partial acre of 0.50 or greater shall be rounded up to the nearest acre.
(c) Residences which exist on a single parcel larger than one acre shall be charged the sum of $7.50 per month, plus an additional charge of $2 per nearest rounded whole acre per year, for each or any part of an acre that the parcel exceeds one acre. Any partial acre of 0.49 or less shall be rounded down to the nearest acre and any partial acre of 0.50 or greater shall be rounded up to the nearest acre.
(d) For residents located upon multi-family residential property, where the parcel owner is not billed for all residences combined, the sum of $7.50 per month per address shall be charged.
(e) All other residences which exist on a single platted residential lot shall be charged the sum of $7.50 per month if already a sanitary sewer customer.
(2) Non-residential properties. A monthly user fee shall be charged for each non- residential property in a manner as set forth below.
(a) Large non-residential properties. Large non-residential properties constituting any property in excess of 50,000 square feet of impervious area shall be charged a monthly rate of $45 against which a credit of up to $15 per month may be applied if the property has a properly installed and maintained pond or detention facility as determined by the authorized official, in addition to the fee set forth in division (E) below. In addition to the monthly rate set forth above, an additional amount calculated at the rate of $0.00083 per square foot of impervious area shall be charged.
(b) Medium non-residential properties. Properties having an area of 25,000 square feet of impervious area to 49,999 square feet of impervious area shall be charged a monthly rate of $30 per month against which a credit of up to $15 per month may be applied if the property has a properly installed and maintained pond or detention facility in addition to the fee set forth in division (E) below. In addition to the monthly rate set forth above, an additional amount calculated at the rate of $0.00083 per square foot of impervious surface shall be charged.
(c) Small non-residential properties. Properties having an area less than 24,999 square feet of impervious area shall be charged a fee of $15 per month with a credit of up to $5 per month may be applied if the property has a properly installed and maintained pond or detention facility in addition to the fee set forth in division (E) below. In addition to the monthly rate set forth above, an additional amount calculated at the rate of $0.00083 per square foot of impervious surface shall be charged.
(d) Agriculture property. Properties actively utilized in an agriculture endeavor as agriculture is defined above shall be charged a rate of $3.60 per nearest rounded whole acre per year. Any partial acre of 0.49 or less shall be rounded down to the nearest acre and any partial acre of 0.50 or greater shall be rounded up to the nearest acre.
(e) Local units of governments, public schools, not-for-profit entities. Properties used for the purposes of conducting functions of local units of government, schools and not- for-profit entities approved by the Internal Revenue Service as such shall be charged an amount not to exceed $250 per month regardless of the computation set forth below.
(f) Undeveloped property. Undeveloped properties, as defined above, shall be charged $30 per year per address billed and paid, plus an additional charge of $2 per nearest rounded whole acre per year. Any partial acre of 0.49 or less shall be rounded down to the nearest acre and any partial acre of 0.50 or greater shall be rounded up to the nearest acre.
(g) Uncharged properties. Properties used for the purpose of public right-of- way, as defined above, shall not be charged. Wooded properties as defined above shall not be charged. No additional charge shall be included for the location of a utility tower on a property.
(h) Subdivision common areas. Common areas, as defined above, shall be charged as listed below.
1. Common Areas - Type 1. Properties used for Common Area - Type 1 shall be charged as divisions (B)(2)(a), (B)(2)(b) or (B)(2)(c) above, as appropriate for the amount of impervious area.
2. Common Areas - Type 2. Properties used for Common Area - Type 2 shall be charged $7.50 per month.
3. Common Areas - Type 3. Properties used for Common Area - Type 3 shall not be charged.
(C) The non-residential Stormwater Utility user fee shall be based on the relative contribution of surface and stormwater runoff from a given parcel to the town’s stormwater system and shall be assessed per ERU per month. Any billings for stormwater service outside this time shall be on a per diem basis. This Stormwater Utility user fee rate is designed to recover and be able to pay the cost of rendering stormwater service to the users of the stormwater system, and shall be the basis for assessment of the town’s Stormwater Utility user fee. This rate is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variation in the demand for services. This rate shall be evaluated annually as to its sufficiency to satisfy the needs of the Stormwater Utility. The following methods may be used to determine the non-residential user factors:
(1) Computation of the impervious area using on-site measurements of the apparent outside boundaries in or on such developed property made by the town or on its behalf;
(2) Computation of the impervious area using the dimensions which are set forth and contained in the records of the office of the County Assessor or Vernon Township Assessor;
(3) Estimation, calculation and computation of the impervious area using aerial photography or photogrammetry, or as contained in the records of the town or county; or
(4) Computation of impervious area using data provided by the owner, tenant or developer. The authorized official may require additional information as necessary to make the determination.
(D) Residential erosion control plot plan review fees. It is hereby acknowledged that Ord. 030805, the town’s Stormwater Management Ordinance, has heretofore been duly passed, Ch. 6, § IV, of which provides for and requires the review of individual lots within a permitted project. The charge for review and inspection associated with the performance of said required review and inspection shall be $35 per lot which shall be paid at the time of the application for a building permit pertaining to said lot.
(E) Non-residential stormwater management ordinance compliance/inspection fee. It is hereby acknowledged that Ord. 030805, the town’s Stormwater Management Ordinance, has heretofore been duly passed, Ch. 6, § II, Permit Procedures, are set forth the requirements deemed necessary to constitute compliance with the town’s Stormwater Management Ordinance and inspection of approved and installed infrastructure. Pursuant to Ch. 6, § VI, of the aforementioned ordinance, the fee for
compliance review and inspection of the subject premises shall be $100, plus $40 for each acre or part thereof constituting the proposed site. The total amount of said fees shall be calculated as set forth in Ch. 6, § VI(B), and shall be payable in accordance with said provision.
(F) All new or transferred accounts shall be charged a one-time administrative set-up fee of $20. The one-time administrative set up fee of $20 shall not be charged to a developer of any subdivision, but shall instead be charged to the person or entity purchasing a lot or parcel from the developer at the time of the sale. Furthermore an account may be reactivated by the property owner without the payment of the one-time administrative set up fee of $20. As an incentive to encourage use of automated services offered by the Sewer Utility, the following credits may be applied to the set-up fee. A credit of $10 for set-up of automatic clearing house (ACH) monthly draft and a $5 credit for set-up of electronic billing (e-billing) will be given to all customers who complete the new customer form available on the town’s website, by fax, by mail or by pick one up at the Utility Office. The fee shall be billed on the first bill. The one-time administration set-up fee and the credits shall only apply if there is not an account already setup under Ord. 021213A or future amendments thereof.
(Ord. 040913A, passed 4-9-2013; Ord. 081313A, passed 8-13-2013; Ord. 111219A, passed 12-10-2019)