§ 36.019 STORM WATER MANAGEMENT FUND.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AREA. The total area of the subject parcel of land measured in square feet and to the centerline of any abutting public streets or rights-of-way.
      FUND. The Storm Water Management Fund.
      OWNER. Any individual, firm, association, corporation, syndicate, co-partnership, trust or other legal entity having sufficient legal or equitable interest in the subject parcel of land to commence and maintain proceeding for a building permit under §§ 150.050 through 150.054 of this code of ordinances.
      SWM CHARGE. The storm water management charge.
   (B)   Fund established. There is hereby established and created a fund, designated as the “Storm Water Management Fund” and a charge designated as the “storm water management charge”.
   (C)   Purpose. The purpose of the fund is to provide for the preservation and improvement of storm water drainage facilities within the city. There shall be deposited in the fund all payments received pursuant to the provisions of this section and such other moneys as shall be specified, from time to time, by the City Council.
   (D)   Applicability.
      (1)   Any owner or owner’s agent who applies for a building permit under §§ 150.050 through 150.054 of this code of ordinances shall pay a storm water management charge in an amount as determined hereinafter to the fund.
      (2)   If the Director of Public Works/Parks and Recreation determines that applicant’s land contributes storm water to a storm sewer needing improvement or additional monitoring (as identified in the Local Water Management Plan, dated 02-12-1992, subject to subsequent revisions), the applicant shall pay the SWM charge. If the Director of Public Works/Parks and Recreation determines that the applicant’s land does not contribute storm water to a storm sewer needing improvement or additional monitoring, the applicant shall pay 20% of the SWM charge.
   (E)   Computation of required SWM charge.
      (1)   The minimum SWM charge shall be $25.
      (2)   No provision herein shall be construed to prohibit the payment of more than one SWM charge for a specific parcel of land.
      (3)   The SWM charge shall be zero whenever a building permit is issued for the addition, alteration or improvement to an existing single-family residential structure or a lot which has an existing single-family residential structure in an R-1 Zoned District.
      (4)   The SWM charge shall be as set forth in the city’s fee schedule.
      (5)   The SWM charge shall be adjusted annually on July 1 according to the change in the Engineering News Record Construction Cost Index for the Minneapolis-St. Paul area.
   (F)   Use of fund. Any SWM charge payments deposited in the fund shall be used only for expenses incurred in the design, construction, preservation or improvement of city storm water management systems. These expenses shall include, but shall not be limited to, acquisition of land, woodlands and easements, construction of water quality control improvements, preservation of woodlands and debt retirement in connection with storm water management system improvements.
   (G)   Transfer of funds. Any SWM charge payments deposited in the fund shall not be transferred out of the fund, except for the purposes enumerated in division (F) above.
(Prior Code, § 203.07) (Ord. 504, passed 04-27-1992; Ord. 944, passed 06-25-2018)