The monthly stormwater drainage system service charge for all tracts with impervious area is determined as follows:
A. Single-family, residentially used property within the corporate limits of the city is hereby assigned one equivalent service unit for each developed lot, tract, or parcel of record with the county clerk. For purposes of this section, agricultural property that includes only a single habitable structure, or multiple residential lots that include only a single habitable structure, shall be considered residential property and only one equivalent service unit. Agricultural property or residentially zoned property that includes more than one habitable structure shall be assigned one equivalent service unit for each habitable structure. Provided further, in case of duplex through quadplex developments with two (2) or more dwelling units on a single lot, tract or parcel, one equivalent service unit shall be applied to each dwelling unit.
B. The impervious surface of all other lots, tracts, or parcels of developed real estate within the corporate limits of the city shall be measured to determine the equivalent service units to be assigned to such lots, tracts or parcels. The developer shall calculate and report the proposed impervious area to the city manager for each new development. The current stormwater drainage system service charge will be applied to each equivalent service unit or portion thereof.
C. The rates established herein shall become effective on January 1, 2008, for all areas within the city on that date. For areas annexed thereafter, the rates shall become operative within thirty (30) days following annexation by the City Council.
1. The Stormwater drainage system service charge as described in "A" of this Section shall be three dollars ($3.00) per ESU per month.
D. Any property that is directly served by an approved private detention or retention facility may apply for an adjustment in the stormwater drainage system service charge. The city manager may adjust the stormwater drainage system service charge for such properties using the following criteria:
1. The credit on the monthly stormwater drainage system service charge on ESUs in excess of the first shall not exceed a maximum of five percent (5%) for capital contributions of detention facilities, including fees in lieu of detention;
2. The credit on the monthly stormwater drainage system service charge on ESUs in excess of the first shall not exceed a maximum of five percent (5%) for maintenance contributions of detention facilities. The property owner performing the maintenance is eligible for the maintenance credit, but only for so long as the maintenance actually and effectively continues. The maintenance credit applies, provided that:
a. The owner remains responsible for all costs of structural and nonstructural maintenance of the facility;
b. The facility was constructed and continues to be maintained in compliance with the city drainage standards and specifications;
c. The owner obtained the proper permits from the city prior to construction;
d. The maintenance credit cannot reduce the stormwater drainage system service charge below one ESU per lot or parcel;
e. The city manager has the right to inspect the detention facility at any reasonable time to determine if it is in compliance with the approved design and continues to function properly (i.e., if the facility's performance fails to meet proper operating standards, or the facility has been altered or is otherwise in disrepair, the property owner shall pay the monthly stormwater drainage system service charge at the normal rate until such time as the facility is restored to total compliance);
f. Any property served by a regional detention facility that is maintained by the city, shall be charged at the normal rate as this relates to the maintenance credits.
E. The city manager may adjust and credit the stormwater drainage system service charge for any nonresidential properties that directly contributed to the construction and/or maintenance of a privately owned and maintained regional detention facility, at a rate as outlined below. The regional detention facility must be designed to detain ultimate urbanized stormwater flows for a portion of the entire geographic watershed contributing to the facility. The amount of the credit shall be based upon the area of off site undeveloped property which is served by the facility. The following credit schedule shall apply to each ESU in excess of the first:
Serving up to 5 acres | 10 percent |
Serving from 5 to 10 acres | 15 percent |
Serving from 10 to 50 acres | 20 percent |
Serving in excess of 50 acres | 25 percent |
F. The combination of one or more multiple credits outlined above shall not reduce the total ESU for any property, tract or lot below one ESU. (Ord. 1968, 2011; amd. Ord. 2140, 2021)