§ 7-5-1 PURPOSE.

   The City Council finds that the establishment of a storm water utility system is necessary in order to decrease drainage related damage to public and private property; to promote the safety of public roads and rights-of-way, to further storm water management within the city; to address drainage issues related to new developments within the city; to minimize water quality degradation and soil erosion and sedimentation; to minimize adverse impacts on property owners adjacent to developing and developed land to minimize damage to existing street pavement; to reduce street maintenance and repair costs; to encourage the construction of permanent-type pavements; to preserve the quality of natural waters in the flathead basin; and to dispose of storm water which might otherwise collect and provide a breeding ground for mosquitoes and other disease-carrying insects.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-2 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CODE. The City of Ronan Municipal Code.

   DEVELOPED PROPERTY. Property which has been altered from its natural state by the addition of any improvements such as buildings, structures or other impervious area.

   FEE or STORM WATER UTILITY SYSTEM FEE. The charge established under this chapter, as the same may be amended from time to time, and levied on owners of parcels or pieces of property to fund the costs of operating, maintaining and improving the storm sewer system in the city.

   PROPERTY OWNER. The property owner of record as listed in the state assessment roll. A PROPERTY OWNER includes any individual, corporation, firm, partnership or group of individuals acting as a unit, and any trustee, receiver or personal representative.

   STORM WATER SYSTEM UTILITY FUND or FUND. The fund created by this chapter to operate, maintain and improve the city’s storm water system.

   STORM WATER MANAGEMENT. The planning, design, construction, regulation, improvement, repair, maintenance and operation of facilities and programs relating to the storm water system.

   STORM WATER SYSTEM. The system or network of storm and surface water management facilities including, but not limited to, curbs, gutters, inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basin, infiltration facilities and other components as well as all natural waterways.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-3 SERVICE AREAS.

   The storm water utility system service area shall be:

   (A)   Inclusive of all property receiving city water or sewer service and located within the corporate boundaries of the city as the same presently exist or may be adjusted from time to time; and

   (B)   The city reserves the right to plan for drainage improvements outside the service area. The city may also construct storm water improvements out of the service area, when needed as an integral part of the storm drain facilities located within the service area.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-4 OPERATION COST DETERMINATION.

   The City Council shall determine the total annual cost of operation and maintenance of the storm water system, including all maintenance, and shall develop an operating plan for the system. The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory tests and a reasonable contingency fund.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-5 MONTHLY STORM WATER SERVICE CHARGE.

   For the purpose of paying the cost of operation, maintenance, administration and routine functions of the existing city’s storm water facilities and the operation, maintenance and administration of such future storm water facilities as may be established within, or without, the service area and to pay for the review of sewer plans, and the design, right-of-way acquisition and construction or reconstruction of storm sewer facilities, a monthly storm sewer service charge is imposed and made applicable to all developed property within the city limits. The cost shall be assessed to each parcel in the service area at the rate of $5 per month per water and/or sewer service utility tap.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-6 MONTHLY BILLING.

   The monthly charge for city storm sewer service shall be included on the monthly bill for city water and/or sewer, as the case may be, delivered in the usual manner provided therefor and shall be delivered to the real property owner. The real property owner shall be responsible for the payment in full of the monthly bill for city storm sewer service imposed upon the real property so billed for said service. Failure of the real property owner to pay the bill as and when due will subject the property to the termination of water service as authorized pursuant to Montana law.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-7 ESTABLISHMENT OF FUND.

   All storm sewer charges shall be collected as provided in this chapter and credited to a fund to be known as the “Storm Water System Fund”, which Fund shall be at all times segregated and maintained by the City Clerk on the books of the city as a separate and special fund. All revenues collected from the storm sewer utility fee, grants, permit fees and other charges collected shall be deposited to the Fund. The Council may make additional appropriations to the fund. All disbursements from the fund shall be for the following purposes: The acquisition by gift, purchase or condemnation of real and personal property, and interests therein, necessary to construct, operate and maintain storm sewer facilities; all costs of administration and implementation of the storm water management program, including the establishment of reasonable operating and capital reserves to meet unanticipated or emergency storm water management requirements; engineering and design, debt service and related financing expenses, construction costs for new facilities and enlargement or improvement of existing facilities; operation and maintenance of the storm sewer system; monitoring, surveillance and inspection of storm water system facilities; water quality monitoring and water quality programs; retrofitting developed areas for pollution control; inspection and enforcement activities; billing and administrative costs; and all other activities which are reasonably required to plan, design, build, operate, maintain and administer the storm water system.

(Ord. 2009-04, passed 9-14-2009)

§ 7-5-8 FLOOD INSURANCE.

   Floods from storm drainage may occasionally occur which exceed the capacity of storm drainage sewer facilities constructed and maintained using funds made available under this code. This code does not imply that property liable for the rates and charges established in this code will always be free from storm drainage flooding or flood damage. This code does not purport to reduce the need or the necessity for the owner obtaining flood insurance and protecting the owner’s property from storm drainage.

(Ord. 2009-04, passed 9-14-2009)