CHAPTER 100
STORM WATER UTILITY

100.01 Purpose and Findings 100.07 Adjustment of Equivalent Residential Unit Determination 100.02 Definitions 100.08 Billing 100.03 Storm Water Utility Established 100.09 Delinquency, Collection, Interest and Penalties 100.04 Charges and Fees in General 100.10 Request for Service, Disconnection from Service, Termination of User Charges. 100.05 Storm Water Utility User Charge 100.11 Adoption of Rules, Interpretations and Appeals 100.06 Calculation of Equivalent Units and Amount of Charge 100.01 PURPOSE AND FINDINGS.

1.   The purpose of this chapter is to establish the Storm Water Utility; authorize charges, rates and fees for use of, and discharge to, the public storm and surface water drainage system; to provide a process for appeals from certain decisions of the Council relating to such charges; and to provide for collection of delinquent charges.

2.   The Council finds that the construction, operation and maintenance of the City's storm water system should, in part, be funded through user charges imposed for the discharge of storm and surface water to the storm water drainage system, thereby charging those persons and activities using or receiving service from that system.

3.   The City may be required to provide increased quantity or quality controls to mitigate those impacts of pollutants from discharging storm and surface waters into the storm water system. Therefore, it is appropriate to impose a storm and surface water user charge upon all users of property which may discharge, directly or indirectly, into the storm water system.

100.02 DEFINITIONS.

The following words shall have the following definitions when used in this chapter, and any resolution and order adopted pursuant hereto, unless the context requires otherwise or unless such word is expressly defined otherwise:

1.   "Connection" means the physical act or process of directing or allowing the flow of storm and surface waters to the storm sewer or drainage line, or joining onto an existing side sewer, for the purpose of connecting private impervious surface or other storm and surface water sources or systems to the public storm and surface water system. It also includes creation or maintenance of impervious surface that causes or is likely to cause an increase in the quantity or decrease in quality or both from the natural state of storm water runoff, and which drains, directly or indirectly, to the storm and surface water system.

2.   "Date of imposition" or "imposition date" means the first day of each month or such other date designated by the Council at which time a charge is imposed and becomes the legal obligation of the user. The obligation may include the cost of services to be provided during the billing period or for services previously provided to the same person under this chapter.

3.   "Days" means calendar days unless otherwise specified.

4.   "Equivalent residential unit" or "ERU" means a measurement unit based on the surface area of an average improved single-family dwelling lot or parcel within the City (as determined by a statistical sampling performed by the City). Except as provided otherwise, one equivalent service unit shall be deemed to be 15,000 square feet.

5.   "Impervious surface area" means all land area that has been altered from its natural state such that it does not allow the infiltration and retention of water equivalent to that of undisturbed soil. This includes, but is not limited to: pavement, buildings, decks, parking areas, and compacted gravel areas. "Impervious surface" does not include improved streets, roads and sidewalks within the public right-of-way; bike paths; railroad beds or quarry excavation areas and temporary service roads in the excavation areas. Rather such facilities are deemed to be part of the public surface water drainage conveyance system or to constitute non-impervious surfaces.

6.   "Multi-family dwelling unit" means a residential unit located within a building that accommodates more than one (1) residential living unit and in which each residential living unit shall have a separate water meter.

7.   "Occupant" means the person residing or doing business on the property. In a family or household situation, the occupants responsible for the obligation herein imposed are the adult heads of the household, jointly and severally. In a dwelling or office sharing situation, the adult occupant legally responsible for the management or condition of the property shall be responsible.

8.   "Other developed user" means any parcel, lot or property other than a single-family dwelling unit or a multi-family dwelling unit.

9.   "Owner" means the legal owner(s) of record as shown on the tax rolls of Linn County, or where there is a recorded land sale contract, the purchaser thereunder.

10.   "Person" means any individual, public or private corporation, political subdivision, governmental agency, municipality, partnership, association, trust, or any other legal entity whatsoever.

11.   "Rule" means any written standard, directive, interpretation, policy, regulation, procedure or other provision, adopted by the Council as a resolution and order to carry out the provisions of this chapter.

12.   "Single-family dwelling unit" means a lot or parcel on which a single-family dwelling or a duplex with a single water meter exists at any time as the imposition of the charge.

13.   "Storm and surface water drainage system" means any combination of publicly owned storm and surface water quantity and quality facilities, pumping, or lift facilities, storm and secondary drain pipes and culverts, open channels, creeks, ditches and rivers, force mains, laterals, manholes, catch basins and inlets, including the grates and covers thereof, detention and other retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water within the City, to which sanitary sewage flows are not intentionally admitted.

14.   "Student" means each individual enrolled at the beginning of the school year at Cornell College and living in college provided housing not charged as a residential unit.

15.   "User" means any person who uses property which maintains connection to, discharges to, or otherwise receives services from the City for surface water management. The occupant of occupied property is deemed the user. If the property is not occupied, the person who has the right to occupy it shall be deemed the user.

100.03 STORM WATER UTILITY ESTABLISHED.

Pursuant to the authority of Section 384.84 of the Code of Iowa, as amended, the Council hereby establishes a storm water utility in the City. The entire City, as increased from time to time, shall constitute a single storm and surface water drainage system district. The provisions of this chapter shall become effective on June 1, 2004.