§ 51.118  RECOVERY OF COST OF STORM WATER DRAINAGE SYSTEM.
   The city shall recover 50% of the cost for the development of storm water drainage systems and regional detention facilities from all developing property as follows:
   (a)   The city shall determine and update annually the cost recovery per acre separating the drainage system cost recovery (cost for the development of storm drainage systems) from the regional detention charge (cost of land acquisition for regional detention facilities).
   (b)   The cost recovery shall, at a minimum, consider type of land use and runoff to calculate the drainage system cost recovery (DSCR) platting fee per classification indicated in Table IV and regional detention charge (RDC) platting fee per classificaiton indicated in Table V.
   (c)   The DSCR platting fee shall be paid to the city prior to approval of the plat for development or replat of the parcel/s. The RDC platting fee shall be paid to the city prior to approval of the plat for development or replat of the parcels contributing runoff to a regional detention facility. The city may defer the payment if the plat is for transfer of ownership. The platting fee amounts to be paid shall be based on the total of acres platted and right-of-way dedication. All parcels platted after the initial effective date of this subchapter shall be subject to the DSCR and RDC platting fee. Replats shall be subject to the DSCR and RDC platting fee if the replat involves rezoning to a higher intensity zoning or if the parcel is not serviced by street and drainage infrastructure constructed according to city design standards.
   (d)   The value of contributions made by the fee payer toward the cost of expanding the public storm water drainage system may be credited to the amount of DSCR and RDC platting fees otherwise due for the parcel. The value of the contribution shall be determined by the city engineer, based on information submitted by the fee payer, and shall be in compliance with applicable law. No credit will be given for the value of land dedicated or to be dedicated to the city for right-of-way or areas zoned REC or CN. Credit for the contributions not claimed prior to payment of the DSCR and RDC platting fee shall be waived. A credit may be allowed against the DSCR and RDC platting fees for developer-constructed and funded public drainage improvements, including land, engineering, and construction costs providing a public drainage benefit as determined by city engineer.
   (e)   The drainage system cost recovery (DSCR) platting fee classification shall be determined by city engineer based on Engineering Design Standards. The DSCR platting fees shall be based on classification as follows in Table IV:
 
Table IV - DSCR Platting Fee Per Acre
DSCR Platting Fee Classification
Effective Date
1/1/2017
1/1/2019
1/1/2020
1/1/2021
1/1/2022
1/1/2023
Agricultural (AG, CN)
$0.00
0
0
0
0
0
Commercial (C-2, C-3, C-4)
$6,529.54
7,012.73
7,461.54
7,864.46
8,281.28
8,562.84
Industrial (I-1, I-2, AP)
$4,946.62
5,312.67
5,652.68
5,957.93
6,273.70
6,487.00
Multifamily Residential (RA-1, RA-2, RA-3)
$3,957.30
4,250.14
4,522.15
4,766.35
5,018.96
5,189.61
Office and Institutional (O, C-1, LW, S-1, S-2)
$3,957.03
4,250.14
4,522.15
4,766.35
5,018.96
5,189.61
Recreational (REC)
$0.00
0
0
0
0
0
Single-family residential (RS, RT-1, RT-2,  RD, RCD, MH)
$1,978.65
2,125.07
2,261.07
2,383.17
2,509.48
2,594.80
Hybrid
NA
3,187.61
3,391.61
3,574.76
3,764.22
3,892.20
If the property is not zoned or does not meet the criteria of a DSCR platting fee classification in Table IV, the DSCR platting fee shall be at the single-family residential rate.
 
   (f)   The DSCR and RDC platting fee shall be collected only once on each parcel if the zoning and storm water runoff remains the same as determined by city engineer. If the parcel is rezoned or redeveloped  which results in a higher DSCR or RDC platting fee, the property owner shall pay the difference between the previously paid platting fees and current platting fees for the rezone/redeveloped platting fee classification.
   (g)   The regional detention charge (RDC) platting fee classification shall be determined by city engineer based upon Engineering Design Standards. The RDC platting fees shall be based on classification as follows in Table V:
 
Table V - Regional Detention Charge Platting Fees Per Acre
RDC Platting Fee  Classification
Effective Date
1/1/2017
1/1/2019
1/1/2020
1/1/2021
1/1/2022
1/1/2023
Agricultural (AG, CN)
$0.00
0
0
0
0
0
Commercial (C-2, C-3, C-4)
$2,671.79
2,818.74
2,931.49
3,034.09
3,125.11
3,218.87
Industrial (I-1, I-2, AP)
$2,024.08
2,135.40
2,220.82
2,298.55
2,367.51
2,438.53
Multifamily residential (RA-1, RA-2, RA-3)
$1,619.27
1,708.33
1,776.66
1,838.85
1,894.01
1,950.83
Office and Institutional (O, C-1, LW, S-1, S-2)
$1,619.27
1,708.33
1,776.66
1,838.85
1,894.01
1,950.83
Recreational (REC)
$0.00
0
0
0
0
0
Single-family residential (RS, RT-1, RT-2,  RD, RCD, MH)
$809.63
854.16
888.33
919.42
947.00
975.41
Hybrid
NA
1,281.24
1,332.49
1,379.13
1,420.50
1,463.11
 
   (h)   A person harmed by an administrative decision of the city under this subchapter may appeal the decision through the procedures provided in Administrative Appeals subchapter, §§ 30.040 et seq. of this Code, as that subchapter may be amended from time to time, except as modified below.
      (1)   The appeal shall be heard in a closed hearing by a hearing examiner with substantial experience in land development, whose cost shall be split equally between the city and the appellant.
      (2)   The hearing examiner may amend, remand, or reverse the decision of the city only if clear error is found in:
         A.   The determination of the number of acres subject to the cost recovery;
         B.   The determination of the applicable classification for determination of the cost recovery;
         C.   The value of any credit;
         D.   Any mathematical computation; or
         E.   Determining or applying any other objective fact on which the decision was based.
      (3)   If the hearing examiner finds an error and has adequate facts to correct the error (such as correcting the number of acres used in the computation or correcting a mathematical error), the hearing examiner shall amend the decision accordingly and the decision shall then stand. Otherwise, the hearing examiner shall reverse the decision or remand it with instructions for correcting the error(s) found.
      (4)   The provision for appeals under this division (i) is not intended to serve as a provision for variances or waivers; issues of hardship or other factors that might be considered in granting a zoning variance shall not be considered by the hearing examiner in reaching a decision.
      (5)   Unless the hearing examiner finds clear error, the hearing officer shall affirm the original administrative decision.
      (6)   The decision of the hearing examiner may be subject to judicial review as provided by law.
(1992 Code, § 41-90)  (Ord. 5-02, passed 1-14-2002; Ord. 97-03, passed 10-14-2003; Ord. 15-07, passed 1-16-2007; Ord. 10-13, passed 3-19-2013; Ord. 34-14, passed 6-17-2014; Ord. 113-18, passed 12-4-2018)