(A) A stormwater utility fee user fee shall be imposed on all residential and nonresidential property within the town, including those classified as nonprofit or tax exempt, for services and facilities provided by the stormwater utility. This user fee is deemed reasonable and is necessary to pay for the repair, replacement, planning, improvement, operation, regulation and maintenance of the existing and future stormwater system of the town.
(B) For the purposes stated herein, there is hereby assessed a stormwater utility user fee to each stormwater utility user within the corporate limits of the town, in an amount determined below. For the purpose of imposing the stormwater utility user fee, all lots and parcels within the town are classified as either residential or nonresidential.
(1) Residential. Each residential property is hereby assigned one ERU. A monthly user fee in an amount that shall be set by the Town Council from time to time for each residential lot within the town shall be charged.
(2) Nonresidential. A monthly user fee shall be charged for each nonresidential property in a manner as set forth below.
(a) Large nonresidential properties. Large nonresidential properties constituting the usage of more than three ERUs shall be charged a monthly rate in an amount that shall be set by the Town Council from time to time per month.
(b) Small nonresidential properties. Properties utilizing three or less ERUs shall be charged a fee in an amount that shall be set by the Town Council from time to time per month.
(C) The nonresidential stormwater utility user fee shall be based on the relative contribution of surface and stormwater runoff from a given parcel to the town’s stormwater system and shall be assessed per ERU per month. Any billings for stormwater service outside this time shall be based on a per diem basis. This stormwater utility user fee rate is designed to recover and be able to pay the cost of rendering stormwater service to the users of the stormwater system and shall be the basis for assessment of the town’s stormwater utility user fee. This rate is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variation in demand for services. This rate shall be evaluated annually as to its sufficiency to satisfy the needs of the stormwater utility. The following methods may be used to determine the nonresidential user factors:
(1) Computation of the impervious area using on-site measurements of the apparent outside boundaries in or on such developed property made by the town or on its behalf;
(2) Computation of the impervious area using the dimensions which are set forth and contained in the records of the office of the County Assessor;
(3) Estimation, calculation and computation of the impervious area using aerial photography or photogrammetry, or as contained in the records of the town or county; or
(4) Computation of impervious area using data provided by the owner, tenant or developer. The authorized official may require additional information as necessary.
(Ord. 2016-2, passed 9-8-2016)