(a) Fee Established. Subject to the provisions of this chapter, each and every Residential Unit, Commercial Unit, Industrial Unit, Public Unit, Vacant Improved Property, other than Exempt Property, and the owners and non-owner users thereof, shall, and do, hereby have imposed upon them a Storm Water Drainage Fee. In the event the owner and non-owner user of a particular property are not the same, the liability for each (the owner and non-owner user) for the Storm Water Drainage Fee attributable to that property shall be the owner of record on file with the Trumbull County Auditor. The Storm Water Drainage Fee shall be, and is, a monthly service charge and shall be determined by the Land Use Code set forth by the Storm Water Utility (every attempt has been made by the Storm Water Utility to set rates that will not cause economic hardship to any single code group).
(b) The Storm Water Drainage Fee for each Residential Unit (code 500) shall be, and is, 100% of the approved monthly rate approved by this chapter. In the event of a newly constructed Unit, the charge for the Storm Water Drainage Fee attributable to that Unit shall commence upon the issuance of the certificate of occupancy for that Unit, or if construction is at least fifty percent (50%) complete and is halted for a period of three (3) months, then that Unit shall be deemed complete and the Storm Water Drainage Fee shall commence. If any Residential Unit displays a sign stating that the intended use of that particular property is for commercial benefit, the rate therefor shall fall under a commercial rate code. Any adjustment to Storm Water Drainage Fees shall be subject to the approval of the Director, or his designee.
(c) The Storm Water Drainage Fee for each Commercial Unit shall be derived from the following rates that are based on the number of Collectable Runoff Units associated with that particular parcel. The Storm Water Drainage Fee for Commercial Units shall be, and is, 100% of the Rate approved by this chapter. In the event of a newly developed Commercial Unit, the charge for the Storm Water Drainage Fee attributable to that Commercial Unit shall commence, or increase in the case of additional development to property which is already Developed Property, upon the issuance of the certificate of occupancy for such additional development, or in the event that no certificate of occupancy will be issued for that development, or in the event development has halted, then on the date that the Director, or the Director’s designee, determines that said development is substantially complete or has been halted for at least three (3) months. Any adjustment to Storm Water Drainage Fees shall be subject to approval by the Director, or his designee.
(1) A Light Commercial code (400) means that a particular Commercial Unit will typically contain 0-15 Collectable Runoff Units. The rate applicable to Light Commercial shall be, and is, $10.00 per month.
(2) A Medium Commercial code (401) means that a particular Commercial Unit will typically contain 16-60 Collectable Runoff Units. The rate applicable to Medium Commercial shall be, and is, $20.00 per month.
(3) A Heavy Commercial code (402) means that a particular Commercial Unit will typically contain greater than 60 Collectable Runoff Units. The rate applicable to Heavy Commercial shall be, and is, $30.00 per month.
(d) The Storm Water Drainage Fee for each Industrial Unit shall be derived from the following rates that are based on the number of Collectable Runoff Units associated with that particular parcel. The Storm Water Drainage Fee for Industrial Units shall be, and is, 100% of the Rate approved by this chapter. In the event of a newly developed Industrial Unit, the charge for the Storm Water Drainage Fee attributable to that Industrial Unit shall commence, or increase in the case of additional development to property which is already Developed Property, upon the issuance of the certificate of occupancy for such additional development, or in the event that no certificate of occupancy will be issued for that development, or in the event development has halted, then on the date that the Director, or the Director’s designee, determines that said development is substantially complete or has been halted for at least three (3) months. Any adjustment to Storm Water Drainage Fees shall be subject to approval by the Director, or his designee.
(1) A Light Industrial code (300) means that a particular Industrial Unit will typically contain 0-15 Collectable Runoff Units. The rate applicable to Light Industrial shall be, and is, $10.00 per month.
(2) A Medium Industrial code (301) means that a particular Industrial Unit will typically contain 16-60 Collectable Runoff Units. The rate applicable to Medium Industrial shall be, and is, $20.00 per month.
(3) A Heavy Industrial code (302) means that a particular Industrial Unit will typically contain greater than 60 Collectable Runoff Units. The rate applicable to Heavy Industrial shall be, and is, $30.00 per month.
(e) The Storm Water Drainage Fee for each Public Unit shall be derived from the following rates that are based on the number of Collectable Runoff Units associated with that particular parcel. The Storm Water Drainage Fee for Public Units shall be, and is, 100% of the rate approved by this chapter. In the event of a newly developed Public Unit, the charge for the Storm Water Drainage Fee attributable to that Public Unit shall commence, or increase in the case of additional development to property which is already Developed Property, upon the issuance of the certificate of occupancy for such additional development, or in the event that no certificate of occupancy will be issued for that development, or in the event development has halted, then on the date that the Director , or the Director’s designee, determines that said development is substantially complete or has been halted for at least three (3) months. Any adjustment to Storm Water Drainage Fees shall be subject to approval by the Director, or his designee.
(1) A Light Public code (800) means that a particular Public Unit will typically contain 0-15 Collectable Runoff Units. The rate applicable to Light Public shall be, and is, $10.00 per month.
(2) A Medium Public code (801) means that a particular Public Unit will typically contain 16-60 Collectable Runoff Units. The rate applicable to Medium Public shall be, and is, $20.00 per month.
(3) A Heavy Public code (802) means that a particular Public Unit will typically contain greater than 60 Collectable Runoff Units. The rate applicable to Heavy Public shall be, and is, $30.00 per month.
(f) The Storm Water Drainage Fee for each Vacant Improved Property (code 201) shall be, and is, 100% of the Rate based on the intended use and approved by the Storm Water Board, subject to review by the Director or his designee upon written request. Any adjustment to Storm Water Drainage Fees shall be subject to approval by the Director, or his designee.
(g) No fee shall be imposed on any property with an exempt code (code 600) until such time that it no longer exists as exempt property. At that time the property will then be assigned a non-exempt code and will then be subject to monthly fees per this chapter.
(h) Appeal of Drainage Fees. Any person who disagrees with a Storm Water Drainage Fee as provided in this chapter may appeal same to the Storm Water Board. Any appeal must be in writing, and shall state specific objections or errors. The Storm Water Board shall review the appeal and issue a written recommendation to the Director as soon as practicable. The decisions of the Director or his designee shall be final. The decision of the Director or the Director’s designee shall be communicated to the Storm Water Board and the Appealer, in writing, within ten (10) working days of receiving the Board’s recommendation. Decisions that vary with the recommenation of the Storm Water Board shall include specifics as to the varying decision.
(i) Should any Commercial Unit or Industrial Unit (newly developed or existing) take appropriate action to resolve storm water run off in accordance with the Storm Water Management Plan, it may receive a credit in the form of a reduction or complete waiver of any and all fees associated with the Storm Water Drainage Fee upon review and approval by the Storm Water Board and the Director.
(j) In an effort to provide for future capital projects (Operation, Maintenance Repair and Extension of the Collection System) beyond the initial startup of the Storm Water Utility, the following rate schedule shall, and does, apply. Such rate schedule should prevent the need for initial OWDA loans and should provide additional working capital in the short term. Rates for Units for the Storm Water Utility, as stated on the following rate schedule, are stated on a monthly basis:
YEAR | VACANT IMPROVED (200) | EXEMPT (600) | RESIDENTIAL (500) | COMMERCIAL | ||
LIGHT (400) | MEDIUM (401) | HEAVY (402) | ||||
2002 | RATE WILL DEPEND ON INTENDED USE | $0.00 | $2.50 | $10.00 | $20.00 | $30.00 |
2003 | 0.00 | 2.60 | 10.40 | 20.80 | 31.20 | |
2004 | 0.00 | 2.70 | 10.82 | 21.83 | 32.45 | |
2005 | 0.00 | 2.81 | 11.25 | 22.50 | 33.75 | |
2006 | 0.00 | 2.92 | 11.70 | 23.40 | 35.10 | |
INDUSTRIAL | PUBLIC | |||||
YEAR | LIGHT (300) | MEDIUM (301) | HEAVY (302) | LIGHT (800) | MEDIUM (801) | HEAVY (802) |
2002 | $10.00 | $20.00 | $30.00 | $10.00 | $20.00 | $30.00 |
2003 | 10.40 | 20.80 | 31.20 | 10.40 | 20.80 | 31.20 |
2004 | 10.82 | 21.83 | 32.45 | 10.82 | 21.63 | 32.45 |
2005 | 11.25 | 22.50 | 33.75 | 11.26 | 22.50 | 33.75 |
2006 | 11.70 | 23.40 | 35.10 | 11.70 | 23.40 | 35.10 |
* The Storm Water Board shall review rates and make recommendations in 2007 and yearly thereafter.
* (Code 400) reverts to the intended use in above rates.
* (Code 600) is exempt from payment.
(Ord. 11562/02. Passed 5-8-02.)