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§ 51.17 STORM WATER MANAGEMENT SERVICE CHARGES.
   (A)   All developed land in the town, whether public or private, shall be subject to a storm water service charge. Exemptions shall not be allowed based on age, tax exemption, or other status of an individual or organization. Storm water service charges may be subject to a credit system as further provided herein.
   (B)   Storm water service charges on developed land shall be based on a schedule of rates, charges, tiers, and late fees fixed and established from time to time by the Town Council, adopted in the annual budget ordinance and maintained on file in the offices of the Town Clerk. Storm water service charges will be determined and modified from time to time by the Town Council, so that the total revenues generated by said charges will be used to pay the principal and the interest on the debt incurred for storm water purposes, and such expenses as are reasonably necessary for providing storm water services within the town.
   (C)   Computation of storm water service charges.
      (1)   For single-family developed residential land, the monthly storm water service charges shall be based on the median amount of impervious surface on a single-family residential lot in the town, which is known as an "Equivalent Residential Unit" or ERU. (The median amount of impervious surfaces on a single-family residential lot in the town has been calculated to be        square feet.) There shall be two tiers for single-family developed properties, based on the amounts of impervious surfaces of single-family properties, as shown in the following table.
 
Single-Family Size
Amount of Impervious Area
Small and medium
Less than ERU square feet
Large
Greater than ERU square feet
 
      (2)   For other developed residential land, the monthly storm water service charges shall be one ERU per each dwelling unit. This category includes townhouses, apartments, condominiums, and other multi-unit residential developments.
      (3)   For all other developed properties, the monthly storm water service charge on developed land is calculated by dividing the total impervious surface area of the property by one ERU, rounded to the nearest tenth, multiplied by the established monthly ERU rate.
   (D)   The following exemptions from storm water management service charges are allowed provided that requests for exemptions authorized under this division are made in writing to the Town Manager or his or her designee and document the application of the exemption. The Town Manager may approve or reject the request in whole or in part.
      (1)   Undeveloped land.
      (2)   Improved public transportation ways, including public streets, roads, greenways and trails, airport taxiways and runways, and internal roads within public facilities which have been conveyed to the North Carolina Department of Transportation or the town and which are used by the general public for motor vehicle transportation.
      (3)   Railroad tracks. However, railroad stations, maintenance buildings or other developed land shall not be exempted from storm water management service charges.
      (4)   Developed land with less than 400 square feet of impervious surface area.
(Ord. passed 6-25-2007)
§ 51.18 BILLING METHOD, RESPONSIBLE PARTIES, COLLECTION.
   (A)   The storm water utility fee shall be billed on an annual basis and shall be due and payable within the time and manner prescribed by law for town ad valorem taxes, G.S. § 105-360. The town tax collector shall bill and collect the annual storm water fee established herein in the same manner as town taxes are collected and shall include the storm water fee as one or more line items on the tax bills mailed to each owner of the property subject to the storm water fee.
   (B)   The property owner is ultimately responsible for payment of the storm water service charge for property for which the party billed has not paid the storm water management service charge.
   (C)   Storm water utility fees shall be past due after January 5th of each calendar year. Said past due amounts shall bear the same rate of interest and penalty as unpaid past due property tax. Unpaid past due storm water utility bills shall become a lien against the real property and may be collected by civil action in the nature of foreclosure in the appropriate division of the General Court of Justice for Union County, North Carolina. In any legal action for collection of past due unpaid storm water utility bills, the attorneys fees for the town shall be taxed against the customer or consumer as a part of the judgment.
(Ord. passed 6-25-2007)
§ 51.19 ADJUSTMENTS AND CREDITS APPLICABLE TO STORM WATER MANAGEMENT SERVICE CHARGES.
   (A)   Adjustments due to error or oversight.
      (1)   Request for adjustment of the storm water service charge shall be submitted in writing to the Town Engineer or their designee. Adjustments may be requested for errors or omissions on the customer's storm water service charge. All requests shall be judged on the basis of the number of dwelling units or amount of impervious area on the property.
      (2)   In the case of a storm water utility service fee adjustment requests related to the amount of impervious surface on a parcel, the appeal shall include a surveyed map of the parcel prepared by a registered land surveyor or professional engineer and showing all impervious areas as defined in § 51.05. The map shall be submitted in digital and hard copy from and shall contain a table summarizing total parcel area, impervious area, and any other features or conditions related to impervious area.
      (3)   Using information provided in the adjustment request, the Town Engineer or designee shall conduct a technical review of the conditions on the property and respond to the request in writing. The Town Engineer or designee may adjust the fee or credit as long as the adjustment is in conformance with the intent of this subchapter. At the conclusion of the review, the Town Engineer shall issue a written determination stating whether an adjustment to the storm water utility service fee or credit is appropriate, and if so the amount of such adjustment. Denial of a request for adjustment shall be appealable within ten calendar days to the Storm Water Management Advisory Committee, described in § 51.30, whose decision shall be final.
      (4)   All decisions of the Town Engineer or designee shall be served on the customer by mailing to the address provided in the request for adjustment.
      (5)   The Town Engineer or designee may make no adjustment to a customer's bill for more than the one-year period immediately preceding the date that the customer's adjustment request is received by the Town Engineer.
      (6)   No provision of this subchapter allowing for adjustment of storm water utility fee shall be deemed to suspend the due date of the fee with payment in full. Any adjustment to the storm water utility fee for the person pursuing an adjustment shall be made by refund of the amount affected.
   (B)   Credits.
      (1)   The town may provide a system of credits to reduce storm water service charges for properties on which storm water control measures substantially mitigate the peak discharge or runoff pollution flowing from such properties or substantially decrease the town's cost of maintaining the storm water management system. The Town Manager or his or her designee will develop written policies to implement the credit system and codify said policies. No credit will be authorized until the Town Council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the Town Clerk. The town's policies may make credits retroactive to the date storm water management service charges were initiated but not to exceed one year. Any bill charges requiring adjustments must be applied through the utility billing system. But no credit will be granted for more than one past year. Nothing shall prevent the Town Council from modifying the adopted system of credits, and such modifications may apply to holders of existing credits.
      (2)   Each credit allowed against the storm water management service charge is conditioned on the continuing proper operation, maintenance, and functioning of the storm water control measure as designed; credited storm water control measures must comply with all applicable laws, ordinances and regulations, and credits may be rescinded for noncompliance with these standards.
      (3)   Each credit for which a customer applies shall be subject to review and approval by the Town Manager or his or her designee. The Town Manager may approve or reject any application for a credit in whole or in part.
      (4)   Credits shall only be applied to developed lands containing the credited storm water control measure. For developments with common property containing credited storm water control measures such as townhouse developments, cluster unit developments, or condominiums, each dwelling unit shall be eligible for its equal pro rata share of the credit unless other arrangements for billing the storm water service charge are made.
(Ord. passed 6-25-2007)
§ 51.20 LIMITATIONS OF RESPONSIBILITY.
   (A)   The town shall be responsible only for the portions of the drainage system that are in town- maintained street rights-of-way and permanent storm drainage easements conveyed to and accepted by the town. Repairs and improvements to the drainage system shall be in accordance with established standards, policies, and schedules.
   (B)   The town's acquisition of storm drainage easements and/or the construction or repair by the town of drainage facilities does not constitute a warranty against storm water hazards, including, but not limited to, flooding, erosion, or standing water.
(Ord. passed 6-25-2007)
STORM WATER MANAGEMENT ADVISORY COMMITTEE
§ 51.30 ESTABLISHMENT, COMPOSITION, DUTIES AND PROCEDURES.
   (A)   Establishment and composition. The Storm Water Management Advisory Committee shall be composed of five full members, one alternate member, and one Council Member liaison and one youth (between the ages of 14 and 18) as an ex-officio member who shall reside or own property within the town limits. The Council shall appoint the membership of the Committee. Each member shall be appointed for a period of three years except that the Council in appointing the original membership of the Committee may prescribe terms of fewer years to the end that the terms of the various members of Storm Water Management Advisory Committee shall be staggered. The youth member shall serve a term length of one year. Committee members may be re-appointed at the discretion of the Council.
   (B)   Duties. The Storm Water Management Advisory Committee shall have the following charge and duties:
      (1)   The Committee shall review and/or recommend to the Council storm water management policies, policy changes, and long range plans and estimate their budgetary and rate impacts.
      (2)   The Committee shall review and comment to the Council on the annual storm water management capital improvements program.
      (3)   The Committee shall respond to the Town Council and town staff requests for advice on matters related to storm water services and the storm water management utility.
      (4)   The Committee shall present the Council with an annual report of key actions and issues and its annual work program.
   (C)   Procedure. The Storm Water Management Advisory Committee is directed to adopt rules of procedure necessary to the conduct of its affairs and in keeping with the provision of this chapter, all policies of the Town Council, and applicable state laws. Such rules of procedure, and any modifications to same, shall be submitted to the Town Council for review and approval. Except as provided in this chapter, the rules of procedure adopted by the Committee shall at least provide for: selection of the officers of the Committee; the time and place of its regular meetings, which shall at least be held bi-annually, and the calling of special meetings; the procedures of the conduct of public hearings and voting. The Committee shall elect from its membership at least a chairperson and vice-chairperson, who shall serve for terms of one year, who shall be eligible for reelection, and who shall have the right to vote. The chairperson shall preside over the Storm Water Management Advisory Committee. In the absence or disability of the chairperson, the vice-chairperson shall perform the duties of the chairperson. All meetings of the Storm Water Management Advisory Committee shall be open to the public, in accordance with the North Carolina Open Meetings Law, G.S. §§ 143-318.10 et seq., and a public record shall be kept of the Committee's resolutions, proceedings, and actions. The rules of procedure and minutes of the Committee are maintained as separate documents in the nature of a public record at the Town Clerk's Office. The Town Manager or his or her designee shall provide such technical, administrative, and clerical assistance as required by the Committee.
(Ord. passed 6-25-2007; Am. Ord. passed 4-22-2013)
STORM WATER CONTROL AND MANAGEMENT
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