(A) Subject to the provisions of this chapter, each and every owner and/or operator of residentially developed property, non-residential developed property, and vacant/unimproved property shall have imposed upon them a stormwater user fee. The stormwater user fee shall be a monthly service charge and shall be determined by the provisions of this chapter and the applicable 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.
(B) The Board shall have the authority and discretion 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 Board 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 Board 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.
(C) (1) An interim monthly stormwater fee is hereby established. These rates set forth in the table below will remain effective until the Council establishes by resolution a final stormwater management user fee schedule. The interim monthly rate is to be paid by each owner and/or user and shall be paid according to the following schedule:
Zoning Classification
|
Monthly Charge
|
Final Rate Structure Implementation Priority
|
Residential or vacant | $2 | N/A - flat base rate |
Institutional/agency | $60 | Third |
Industrial | $60 | Second |
Commercial | $18 | First |
(2) This rate structure will remain effective until a final rate is implemented for the type of property listed above. This interim rate structure will remain effective no longer than:
(a) Six months for commercial;
(b) Nine months for industrial and institutional; and
(c) Twelve months for residential or vacant property.
(D) At a time when the city has the data and administrative capacity to implement a final user fee and the Council enacts a final user fee schedule by resolution, the interim fee schedule defined in division (C) above shall become null and void and shall be replaced with the final fee schedule. The final fee schedule shall incorporate the following rate structure provisions:
(1) Residentially developed properties and unimproved properties shall be billed on a per unit basis at a flat fee of $4.17 per month, established for an equivalent residential unit (ERU), effective upon any publication and/or hearing as required by statute.
(2) The fee for non-residential developed properties shall be calculated based on the total impervious area of the property divided by the then-effective average impervious area for an ERU multiplied by a rate of $4.17 per month established for an ERU, effective upon any publication and/or hearing as required by statute. The impervious area estimate shall be based on construction plans as approved through the building permit process or other sources at the discretion of the Board.
(3) Notwithstanding any other provision of this chapter, the Board shall propose to the Common Council any changes to the base rate, rate structure or any other levees, fees or taxes on the public.
(E) 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 sewer service generally. The monies collected under this section shall be used expressly for the benefit of the stormwater system and may not be distributed to the general fund or other unrelated funds.
(Ord. G-05-52, passed 11-2-2005; Ord. G-06-21, passed 6-5-2006; Ord. G-09-32, passed 8-20-2009)