(A) There is hereby imposed on the owner(s) of each and every improved lot or parcel of land, as classified by all nonresidential zoning categories defined in the town zoning regulations, or used as nonresidential, a storm water management utility service fee, except as specifically excluded in this subchapter. An IMPROVED NONRESIDENTIAL PROPERTY shall be defined as any nonresidential lot or nonresidential parcel of land within the corporate limits of the town which has been altered from its undeveloped state and includes apertures where impervious areas have been constructed or exist. IMPROVEMENTS shall be defined as any human-made change to the real property including, but not limited to, buildings and other structures, streets, parking lots, mining, dredging, filling, grading, paving or excavation.
(B) The impervious area for each nonresidential lot shall be determined by using the definition of impervious surface as set forth herein. The determinations can be made through the use of various methods and the methodologies can be used individually or in combination. The methods shall be as follows:
(1) Through the use of land use records available at the County Assessor’s office;
(2) Through the use of aerial mapping; and
(3) Through the use of physical measurement made on the real property.
(C) Should a dispute arise over the calculation of impervious area, the physical measurements made on the real property shall take precedence.
(D) A nonresidential improved property's monthly storm water fee shall be determined based upon the property's calculated EDUs. EDUs are calculated by determining the total amount of impervious area, in square feet, found on the property, and dividing that amount by 3,000 square feet to determine the number of EDUs. Calculation of the storm water fee under this ordinance shall be based upon the calculated EDUs taken to tenths after the whole number. For purposes of calculation of the monthly storm water fee pursuant to § 153.35 the minimum EDUs used for any nonresidential property shall be one EDU, and the maximum EDUs used for any nonresidential property shall be eight EDUs.
(Ord. 2006-12, passed 7-26-2006; Ord. 2017-10, passed 8-9-2017)