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The City shall adopt an operating budget not later than the first day of each fiscal year. The Operating Budget shall set forth for such fiscal year the estimated revenues and the estimated costs for Operation and Maintenance, Extension and Replacement and Debt Service.
(Ord. 11562/02. Passed 5-8-02.)
(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.)
(a) Fee Established. Effective October 1, 2008, and 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 be charged, and shall pay, a Major Storm Water System Capital Improvement Projects Fee as set forth in division (b) of this section. 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 Major Storm Water System Capital Improvement Projects Fee attributable to that property shall be the owner of record on file with the Trumbull County Auditor. The Major Storm Water System Capital Improvement Projects Fee shall be, and is, a monthly charge.
(b) The Fee. The monthly Major Storm Water System Capital Improvement Projects Fee shall be, and is, as follows:
YEAR | RESIDENTIAL | COMMERCIAL, INDUSTRIAL AND PUBLIC | ||
LIGHT | MEDIUM | HEAVY | ||
10/01/2008 thru 12/31/2008 | $0.15 | $0.59 | $1.17 | $1.76 |
2009 | $0.30 | $1.20 | $2.40 | $3.60 |
2010 | $0.46 | $1.84 | $3.69 | $5.53 |
2011 | $0.63 | $2.52 | $5.04 | $7.56 |
2012 | $0.81 | $3.23 | $6.46 | $9.70 |
2013 and thereafter | $1.00 | $3.98 | $7.95 | $11.94 |
(c) Additional Provisions.
(1) The Major Storm Water System Capital Improvement Projects Fee provided for by this section shall be, and is, in addition to any and all other fees, charges and contributions provided for within this chapter.
(2) The Major Storm Water System Capital Improvement Projects Fee shall be used, exclusively, to fund the City’s Storm Water Construction Fund.
(3) The Major Storm Water System Capital Improvement Projects Fee shall be collected by the same manner and method as the Storm Water Drainage Fee is collected. For collection purposes, the Major Storm Water System Capital Improvement Projects Fee shall be, and is, subject to the same terms and conditions as the Storm Water Drainage Fee.
(Ord. 12129/08. Passed 7-23-08.)
(a) Surcharge. Subject to the provisions of this chapter, and in addition to any other applicable fees or charges, there is hereby imposed a monthly wet weather surcharge upon each master-metered satellite sewer user. Such surcharge shall be for flow in excess of normal dry weather treatment flow (normal dry weather treatment flow shall hereinafter in this section be referred to as “baseline flow”). Baseline flow will be established as the averaged billed consumption from the master-metered satellite sewer user for the months of January, February and March of the previous year.
The monthly wet weather surcharge shall be calculated as follows: the allowable infiltration for all existing sanitary sewers is hereby established at no more than 200 gallons/inch sewer diameter/day/mile for all existing sewers. All new sewers shall be designed and constructed in accordance with state regulations and tested for infiltration in accordance with an acceptable testing method established by the Ohio EPA. New sewers installed will be credited according to existing established acceptable surcharge limits. Any flow above baseline flow plus the allowable infiltration will be billed at a surcharge. Such surcharge will be an additional thirty-three percent (33%) of the current rate per million gallons. Sewers that have been identified as contributing to the I/I of the system and have been repaired will be reassessed and recalculated for allowable infiltration for all future flows.
An example (for example purposes only) of how the monthly surcharge shall be calculated is as follows:
Baseline average flow = 18.2 MG/month | Calculated Allowance = 1.09 MG/month |
Total Baseline Flow = 19.29 MG/month | |
Rate/MG = $1,324.46 | |
Surcharge Rate = $437.07 | |
Total Metered Flow for the Month of March = 27.256 MG @$1,324.46=$36,099.48 | |
Total Baseline Flow = 19.29 MG | |
Amount to be Surcharged = 7.97 MG @$ 437.07= $ 3,483.45 | |
Total Bill for the Month of March = $39,582.93 | |
(b) Credits. The amount of money spent by a master-metered satellite sewer user who engages in an activity that identifies and/or eliminates sources of infiltration and inflow of stormwater into the City’s sanitary sewer system shall be entitled to a credit against said user’s following year’s surcharge. Any such credit shall be nonrefundable and nontransferable. No such credit shall exceed the amount of the surcharge.
Acceptable activities that will qualify for such credits are:
(1) A Flow Monitoring Program that provides for the development of standards for monitoring and assessing inflow and infiltration in all areas of the City of Warren and satellite systems. This component of the program should determine the amount of inflow and infiltration that is currently entering the City’s sanitary sewer system. This monitoring component should provide the information needed to assess where inflow and infiltration concerns may exist.
(2) Implementation of inflow and infiltration reduction pilot projects utilizing various technologies and subsequent flow monitoring to determine the effectiveness of the pilot project. Once high inflow and infiltration flow areas are identified, small scale rehabilitation and mitigation projects can be identified and implemented. If successful, these pilot projects could then be rolled out across the system where warranted.
(3) A cost/benefit analysis to determine best applications for inflow and infiltration reduction. Results from the pilot projects in conjunction with a thorough understanding of deficient areas should form the basis for cost analysis to determine the extent and expected benefits of expanding the pilot projects to full scale rehabilitation projects.
(4) Projects implemented that demonstrate the removal of inflow and infiltration. Projects can include grouting, Slip-lining, spot repair, sewer line replacement, downspout eliminations, footer drain elimination and other approved best management practices.
Projects must demonstrate successful inflow and infiltration reduction to qualify for surcharge credits. Demonstration will be accomplished by flow monitoring downstream of the area to be repaired in dry and wet weather conditions prior to the repair occurring thereby establishing a baseline flow. After the repair occurs, additional downstream flow monitoring will be accomplished (wet/dry weather) to determine the success of the repair. A reduction of flow from the documented baseline flow will allow for surcharge credit.
(Ord. 12257/10. Passed 1-27-10.)
(a) The Storm Water Drainage Fee shall be billed and collected monthly with the monthly City’s Utility bill. For those properties utilizing multi-portions of the Utility bill (Water, Sewerage, Storm Water and Sanitation), billing shall be consolidated and paid by single payment. In the event that partial payment is received, the payment shall be applied pro rata to each account billed on the consolidated statement of all current charges for all accounts. All bills for Storm Water Drainage Fees shall become due and payable in accordance with the rules and regulations of the City of Warren pertaining to the collection of the Storm Water Drainage Fees.
(b) If a bill for a Storm Water Drainage Fee is not paid within twenty-one (21) days of the billing date posted on the bill, the gross charge will be due. The gross charge will be equal to the net charge plus a penalty of 10%. The City shall be entitled to recover attorney’s fees incurred in collecting delinquent Storm Water Drainage Fees. Any charge hereunder which shall not be paid when due may be recovered in an action at law by the City of Warren. In addition to any other remedies or penalties provided by this chapter or any other ordinance of the City of Warren, failure of any user of City Utilities to pay said charges for same promptly when due shall subject such user to discontinuance of Utility Services and the Director or the Director’s designee shall enforce this provision as to any and all delinquent users. Employees of the City of Warren (upon reasonable advance notice) shall, at all reasonable times, have access to any premises served by the City for inspection, repair or the enforcement of the provisions of this chapter.
(c) All Storm Water Drainage Fees assessed pursuant to this chapter shall become a lien upon the property to which such fee is associated from the date said fee becomes due until such fee is paid. The owner of every building, premise, lot or house shall be obligated to pay the fees for all services provided for his premises, which obligation may be enforced by the City by action at law or suit to enforce the lien in the same manner as the foreclosure of mortgages. In the event of such action, the City shall be entitled to recover all court costs and reasonable attorney fees for such collection. In the case that a tenant in possession of any premises or building shall pay said charges, it shall relieve the owner from such obligation and lien, but the City shall not be required to look to any person whatsoever other than the owner for payment of such charges. No changes of ownership or occupation shall affect the application of this chapter, and failure of any owner to learn that he purchased property against which a lien for Storm Water Drainage Fees exists shall in no way affect his responsibility for such payment.
(Ord. 11562/02. Passed 5-8-02.)
(a) Present or future City ordinances may require construction of on-site storm water management facilities to control storm water quantity and quality in the event of development. Implementation of regional storm water management facilities may, in some cases, render construction of on-site facilities unnecessary. For use in these cases, the City shall adopt procedures and standards to require developers of land to provide a one-time capital contribution toward construction of regional storm water management facilities in lieu of construction of on-site storm water facilities. Such one-time contribution shall not affect the obligation for payment of any Storm Water Drainage Fee assessed pursuant to this chapter.
(b) The one-time capital contribution may be available to a development that meets the following conditions:
(1) An adopted drainage basin study has identified an area within which the storm water management facilities normally required to be created on-site are unnecessary; and
(2) The development is located within an area so identified; and
(3) Implementation of regional storm water facilities required by the adopted drainage basin study is complete or under construction.
(c) For developments which meet the conditions specified previously in this section, the Director, upon review of the development plans, shall require a development agreement which shall be presented for final approval to City Council.
(d) The amount of a one-time capital contribution shall be based upon that percentage of the regional storm water management facility capacity which is to be allocated to the development.
(Ord. 11562/02. Passed 5-8-02.)
(a) All Storm Water Drainage Fees collected by the City shall be paid into an enterprise fund known as “Storm Water Utility Fund”. Such fund shall be used for the purpose of paying the costs of operation, administration and maintenance of the storm water management facilities of the City and to carry out all other purposes of the utility. To the extent that the Storm Water Drainage Fees collected are insufficient to construct the needed storm water drainage facilities, the cost of the same may be paid from such City fund as may be determined by City Council, but City Council may order the reimbursement of such fund if additional fees are thereafter collected. When the fund has surplus dollars on hand in excess of current needs, the surplus dollars will be invested to return the highest yield consistent with proper safeguards.
(b) The fees and charges paid shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely for the purpose stated previously in this section.
(Ord. 11562/02. Passed 5-8-02.)
The storm water management plan required by 64 FR 68722, mandated by the Federal Government, and enforced by the U.S. Environmental Protection Agency, shall encompass, at a minimum, the following six (6) minimum control measures using approved Best Management Practices (BMP’s):
* Public Education and Outreach
* Public Participation/Involvement
* Illicit Discharge Detention and Elimination
* Construction Site Runoff Control
* Post Construction Runoff Control
* Pollution Prevention and Good Housekeeping
(a) Public Education and Outreach. Distributing educational materials and performing outreach to inform citizens about the impact polluted storm water runoff discharges can have on water quality.
(b) Public Participation/Involvement. Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives on the Storm Water Board.
(c) Illicit Discharge Detection and Elimination. Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system (shall include developing a system map and informing the community about hazards associated with illegal discharges and improper disposal of waste).
(d) Construction Site Runoff Control. Developing, implementing and enforcing an erosion and sediment control program for construction activities that disturb more than 1 acre of land (controls shall include silt fences or temporary storm water detention ponds).
(e) Post Construction Runoff Control. Developing, implementing and enforcing an erosion and sediment control program to address discharges of post-construction storm water runoff from new development and redevelopment areas.
(f) Pollution Prevention and Good Housekeeping. Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques (regular street sweeping, reduction in the use of pesticides or street salt, frequent catch basin cleaning/repair, additions to and repairs on storm inlets and lines).
(Ord. 11562/02. Passed 5-8-02.)
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