§ 55.05 STORMWATER SERVICE CHARGE STRUCTURE AND CALCULATION.
   (A)   Generally. There is hereby assessed a stormwater service charge for each property owner owning land situated within the county that contributes directly or indirectly to the stormwater system of the county, in an amount as determined below.
   (B)   Impervious area.  
      (1)   For any such property, lot, parcel of land, building or premises that contributes directly or indirectly to the storm water system of the county, such charge shall be based upon the quantity of impervious area, as measured on the records of the County Assessor or site examination, mapping information, aerial photographs, and other reliable information.
      (2)   Impervious area of public rights-of-way and railroad lines (which shall not be deemed to include adjacent property, such as a rail yard operated by a railroad) will not be included in the determination of a storm water service charge.
      (3)   In addition, the Department shall establish policies and procedures to make determinations whether commonly-owned, adjoining properties with separate plat or legal descriptions should be treated as a single parcel of land for purposes of calculating the storm water service fees to be charged for such properties.
   (C)   Classification of property.
      (1)   Residential properties. A monthly flat-rate charge for storm water service rendered to residential properties shall be assessed to each parcel of residential property within the county. Each parcel of residential property is hereby assigned one ERU.
      (2)   Commercial properties. A monthly flat-rate charge for storm water service shall be rendered to properties with impervious area other than residential properties, based on the total amount of impervious area on the property (measured in square feet).
      (3)   Other properties. A monthly flat-rate charge for storm water service shall be rendered to properties with impervious area other than residential properties, based on the total amount of impervious area on the property (measured in square feet) as follows:
 
Calculated ERU
ERU Charged to Property
Between 1 and 4
1
Between 4 and 9
2
9 or greater
3
 
   (D)   Land alterations.  
      (1)   The issuance of any building permit or other action that results in a land alteration of a property other than a residential property, or a property that currently only contains residential properties but will be no longer used for such purpose, shall be cause for an adjustment of the stormwater service charge determined under this section.
      (2)   The property owner shall have the obligation of informing the Department of any such changes.
   (E)   Exceptions/exemptions.  
      (1)   Agricultural properties with an impervious area under State Land Use Code 100-199, with the exception of those properties that qualify as residential properties, shall be exempt from the assessment of stormwater service charges.
      (2)   Except for public rights-of-ways and railroad lines, and agricultural properties as defined herein, there shall be no exceptions or exemptions from the assignment of gross stormwater ERUs for any property with impervious area, except that properties other than single-family residential parcels with impervious area of less than 500 square feet shall be exempted from the assignment of an ERU.
   (F)   Contractual billing and collection. The Department of Stormwater Management may delegate the billings to the County Treasurer to be forwarded to customers semiannually.
(SWM Ord. 2007-01, passed 8-29-07; Am. SWM Ord. 2008-1, passed 4-9-08)