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1067.01 CHARGES ESTABLISHED.
   It is hereby determined necessary for the protection of the public health, safety, and welfare that a system of charges for utility service be established which justly and equitably allocates the cost of providing the services of the utility to each property.
(Ord. 2000-140. Passed 1-16-01.)
1067.02 PURPOSE.
   Monies collected from the stormwater utility charges are to be utilized solely for the operations, maintenance, repair, improvement and extension of the utility; to provide for the safe and efficient capture and conveyance of stormwater; to mitigate the damaging effects of stormwater runoff and the correction of stormwater problems; to fund activities of stormwater management, including, but not limited to, design, planning, regulation, education, coordination, inspection and enforcement activities, all for the protection of the public health, welfare, and safety.
(Ord. 2000-140. Passed 1-16-01.)
1067.03 DEFINITIONS.
   Whenever used in this chapter, the meaning of the following words and terms shall be as follows:
   (a)   "Abatement" means any action taken to remedy, correct, or eliminate a condition within, associated with, or impacting the stormwater system.
   (b)   "Approved plans" means plans approved according to a permit and plan review which will govern all improvements made within the City that require stormwater facilities or changes or alterations to existing stormwater facilities.
   (c)   "City" means the City of Pickerington, Ohio.
   (d)   "Credit" means ongoing (as long as the various circumstances which produced the credit have not changed) reduction in a stormwater utility charge given for certain qualifying activities which reduce either the impact of increased stormwater runoff or the City's costs of providing stormwater facilities.
   (e)   "Detention facility" means a facility which, by means of a single control point, provides temporary storage of stormwater runoff in ponds, parking lots, depressed areas, rooftops, buried underground vaults or tanks, etc., for future release, and is used to delay and attenuate flow.
   (f)   "Equivalent Residential Unit (ERU)" means a value equal to 2,530 square feet of measured impervious area and is equal to the average amount of impervious area of typical residential properties within the City.
   (g)   "Impervious area" means areas that have been paved and/or covered with buildings and materials which include, but are not limited to, concrete, asphalt, rooftop, blacktop, gravel, and other materials or artificial compost so as to produce, in the judgment of the City Manager, a nonpervious surface.
   (h)   "Public stormwater open channel" means all open channels which convey, in part or in whole, stormwater, and are owned, operated, or maintained by the City; or a stormwater open channel which has a permanent drainage/stormwater easement owned by the City and drains an area which includes City-owned property or rights-of-way. A public stormwater open channel does not include roadside ditches which convey only immediate right-of-way drainage.
   (i)   "Residential property" means all single-family properties and duplexes within the City. Such properties may incorporate a home business or day care service consistent with all other City ordinances and regulations and other applicable laws.
   (j)   "Retention facility" means a facility which provides storage of stormwater runoff and is designed to eliminate subsequent surface discharges.
   (k)   "Square footage of impervious area" means, for the purpose of assigning an appropriate number of ERUs to a parcel of real property, the square footage of all of the impervious area using the outside boundary dimension of the impervious area to include the total enclosed square footage without regard to topographic features of the enclosed area.
   (l)   "Storm sewer" means a sewer which carries stormwater, surface runoff, street wash waters and drainage, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water.
   (m)   "Stormwater" means stormwater runoff, snow-melt runoff, surface runoff and drainage.
   (n)   "Stormwater facilities" means various stormwater and drainage works that may include inlets, pipes, pumping stations, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components.
   (o)   "Stormwater system" means all man-made facilities, structures, and natural watercourses owned by the City, or over which the City has jurisdiction by law to operate or maintain, used for collection and conducting stormwater to, through and from drainage areas to the points of final outlet, including, but not limited to, any and all of the following: conduits and appurtenant features, canals, creeks, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, streets, curbs, gutters, dams, floodwalls, levees, retention or detention facilities, rivers, public stormwater open channels and pumping stations.
(Ord. 2000-140. Passed 1-16-01.)
1067.04 COLLECTION OF CHARGES; STORMWATER FUND.
   A stormwater utility charge levied pursuant to this chapter shall be collected by the Utility Billing Department and shall be credited to the Stormwater Fund, which is hereby created. Notwithstanding other provisions of these Codified Ordinances, the City Manager shall make and enforce such rules and regulations consistent with this chapter as may be deemed necessary for the safe, economical and efficient management and protection of the utility, for the construction and use of the stormwater system consistent with policies established by the Council, and for the regulation, collection, rebating and refunding of the stormwater utility charge.
(Ord. 2000-140. Passed 1-16-01.)
1067.05 IMPOSITION OF CHARGE; PURPOSE OF STORMWATER FUND; REPORTS TO COUNCIL BY MANAGER.
   The stormwater utility charge provided for in this chapter is imposed on each and every lot and parcel of land within the City, and the owner thereof, and is deemed reasonable and necessary to pay for the repair, replacement, planning, improvement, operation, regulation and maintenance of the existing and future stormwater system. The Stormwater Fund shall be established so as to maintain adequate fund reserves to provide for reasonable expected variations in the collection of stormwater utility charges, in the cost of providing services, and in the demand for services.
   Subsequent to the initial establishment of stormwater utility charges pursuant to this chapter, the City Manager, in each odd-numbered year, shall prepare a utility report with recommended stormwater utility charges. This report shall contain data utilized in the determination of the recommended stormwater utility charges and shall be presented to the Council on or before October 1 of each odd-numbered year for referral to the appropriate committee.
   The committee shall make a recommendation to Council on or before October 15 of each odd-numbered year concerning the stormwater utility charges to become effective for a two-year period, beginning January 1 of each even-numbered year.
   The City Manager shall biennially notify, in conjunction with the billing process, all persons subject to these charges of changes in the stormwater utility charge.
(Ord. 2000-140. Passed 1-16-01.)
1067.06 METHODOLOGY FOR DETERMINING STORMWATER UTILITY CHARGE.
   For the purpose stated in this chapter, there is hereby charged to each utility user and property, lot, parcel of land, building or premises (collectively “properties”) situated within the corporate limits of the City, that is tributary directly or indirectly to the stormwater system, stormwater utility charges determined as provided in this section.
    All properties having an impervious area within the City shall be assigned an Equivalent Residential Unit (ERU), or a multiple thereof, which will be a minimum one ERU.
    All improved single-family residential properties are assigned one ERU. A flat rate will apply to all single-family residential properties. All improved single-family residential properties are determined to include impervious areas typical of a single-family residence.
    All properties having an impervious area which are not improved single-family residential properties are to be assigned by the City Manager an ERU multiple based upon eighty percent of the properties' estimated impervious area (in square feet) divided by 2,530 square feet (one ERU). This division will be calculated to the second decimal place.
    The stormwater utility charge shall be four dollars ($4.00) per month per Equivalent Residential Unit (ERU), which shall be effective January 1, 2011, through December 31, 2011. After December 31, 2011 the stormwater utility charge shall be four dollars and twenty-five cents ($4.25) per month per Equivalent Residential Unit (ERU) which shall be effective from January 1, 2012 through December 31, 2012. After December 31, 2012, the stormwater utility charge shall be four dollars and fifty cents ($4.50) per month per Equivalent Residential Unit (ERU).
    There shall also be a stormwater system capacity charge of six hundred dollars ($600.00) per ERU for each building permit for new (non-existent) housing or commercial start, effective from and after January 1, 2001. Such fee shall be increased by three percent for each of the years following 2001. The rate for water supplied by the Municipality for all customers shall be as follows:
   The stormwater utility charge shall be four dollars ($4.00) per month per Equivalent Residential Unit (ERU), which shall be effective from January 1, 2011 through December 31, 2011.
   The stormwater utility charge shall be four dollars and twenty-five cents ($4.25) per month per Equivalent Residential Unit (ERU), which shall be effective from and after January 1, 2012 until December 31, 2012. Effective from and after January 1, 2013, the stormwater utility charge shall be four dollars and fifty cents ($4.50) per month per Equivalent Residential Unit (ERU).
(Ord. 2000-140. Passed 1-16-01; Ord. 2009-59. Passed 10-20-09; Ord. 2011-57. Passed 11-15-11.)
1067.07 BILLING AND NONPAYMENT.
   The bill for stormwater utility charges shall be rendered on a monthly basis and shall be billed with the monthly bill for water service for those property owners or condominium associations who or which are billed only for water service; shall be billed with the charges for sanitary sewer service; shall be billed with the charges for water and sanitary sewer service for those property owners or condominium associations who or which are billed for those services; or billed alone to those property owners or condominium associations not billed for water or sanitary sewer service by the City. The stormwater utility charges prescribed in this chapter are due and payable when rendered. If stormwater utility charges are paid after the fifteenth day from the billing date, a penalty of ten percent shall be assessed.
(Ord. 2000-140. Passed 1-16-01.)
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