§ 155.006 STORMWATER UTILITY FEES.
   (A)   Town Council shall establish by ordinance the amounts and classifications of stormwater management utility fees to be implemented to help fund the Utility and its programs and projects.
   (B)   Town Council shall consider, among other things, the following criteria in establishing fees:
      (1)   The fee system shall be reasonable and equitable so that users pay to the extent they contribute to the need from the Utility, and the fee shall be apportioned with approximate equality and upon a reasonable basis of equality with due regards for the benefits conferred. Town Council recognizes that these benefits, while substantial, in many cases cannot be measured directly;
      (2)   The components of the calculations used to establish fees shall include, but shall not be limited to, the following cost factors:
         (a)   Stormwater management planning and preparation of comprehensive watershed master plans for stormwater management;
         (b)   Regular inspections of public and private stormwater management facilities and measures and the construction thereof;
         (c)   Maintenance and improvements of stormwater management facilities that have been accepted by the town for that purpose;
         (d)   Plan review and inspection for sediment control and stormwater management plans, measures and practices;
         (e)   Retrofitting designated watersheds to reduce exiting flooding problems or to improve water quality;
         (f)   Acquisition of interest of land, including easements;
         (g)   Design and construction of stormwater management facilities and measures and acquisition of equipment;
         (h)   Administration of enforcement;
         (i)   Water quantity and water quality management, including monitoring and surveillance; and
         (j)   Debt service and financing costs.
      (3)   The practical difficulties and limitations related to establishing, calculating and administering such fees; and
      (4)   The components of the calculations used to establish fees shall be based on an “equivalent residential unit”, to be determined and approved by Town Council with reasonable general adjustments being made for, but not limited to, the following factors:
         (a)   Land use;
         (b)   Lot or tract size;
         (c)   The amount of site that is impervious; and
         (d)   Other generally accepted factors relevant to such calculations based upon the provisions of this chapter.
   (C)   Pending the adoption of a permanent fee system and rate structure, Town Council may adopt an interim fee system and rate structure to help fund the establishment of the Utility, pending the completion and adoption of a stormwater utility rate study.
(Prior Code, § 25-6) (Ord. 2007, passed 9-18-2007)