CHAPTER 1020
Stormwater Management Utility
1020.01   Establishment
1020.02   Definitions
1020.03   Stormwater User Fees
1020.04   Schedule of Monthly Fees
1020.05   Surcharge for Curbs and Gutters
1020.06   Nonresidential Fee Credits
1020.07   Connections to System
1020.08   Rules and Regulations
1020.09   Appeals
1020.10   Disclaimer of Liability
1020.98   Severability
1020.99   Penalties
   CROSS REFERENCES
   Authority to Own and Operate Public Utility - see O. Const. Art. XVIII § 4
   Authority to Establish Storm Sewer - ORC 717.01; 729.11
   Illicit Discharges - see S.U.&P.S. CH. 1021
   Unpaid Stormwater Management Fees, Assessments for - see ADMIN. 250.04
   Utility Billing - see S.U.&P.S. CH. 1030
   Utility Funds - see ADMIN. 251.04
§ 1020.01 ESTABLISHMENT.
   (a)   Creation. The stormwater management utility is hereby established to provide for the safe and efficient capture and conveyance of stormwater runoff to protect the public health, safety and welfare of the City, as well as public and private property.
   (b)   Purpose. The stormwater management utility shall provide for effective management and financing of a stormwater system within the City and may include the following:
      (1)   Administration, operation, maintenance and inspection of existing stormwater management system and activities that protect and maintain the stormwater management system including, but not limited to, leaf collection; street sweeping; catch basin cleaning, repair, and replacement; curb cleaning, replacement, and repair, where such curbs direct stormwater to the stormwater management system; and creek bank repair and stabilization;
      (2)   The establishment and implementation of a master plan for the stormwater management utility, including the design, coordination, construction, management, operation, maintenance, and improvement and extension of the stormwater management system;
      (3)   Regulation and inspection of new or proposed stormwater management facilities, and encouragement and facilitation of urban water management techniques, including the use of best management practices for detention or retention of stormwater runoff, minimization of the need to construct storm sewers, and the enhancement of the environment;
      (4)   Education, regulation, inspection, and enforcement regarding the use of the stormwater management system; and
      (5)   Establishment of user fees for each lot or parcel, or in cases where a single use occupies multiple lots or parcels, establishment of user fees for each use, in the City to fund the activities of the stormwater management utility.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.02 DEFINITIONS.
   For the purposes of this Chapter, the following definitions shall apply:
   (a)   Billing Period. The stormwater management utility service period identified on the utility bill. Each account shall be billed monthly or semi-annually in arrears of the stormwater management utility service period. A developed lot, parcel or use that receives City water, sewer or other utility service shall be billed monthly in arrears of the stormwater management utility service. A developed lot, parcel or use that does not receive water, sewer or other utility service may be billed monthly or semi-annually in arrears of the stormwater management utility service.
   (b)   Bonds. Revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction for any part of the stormwater management system.
   (c)   Calendar Year. The twelve-month period commencing on the first day of January of any year.
   (d)   Construction Costs. Costs reasonably incurred in connection with providing capital improvements to the stormwater management system, or any portion thereof, including, but not limited to:
      (1)   Acquisition of all property, real or personal, and any interests in connection therewith, including rights-of-way and easements therefor;
      (2)   Physical construction, installation and testing, including the costs of labor, services, materials, supplies and construction services used in connection therewith;
      (3)   Architectural, engineering, inspection, legal and other professional services;
      (4)   Insurance premiums taken out and maintained during construction, to the extent the same are not paid for by the construction contractor;
      (5)   Any costs incurred in the bidding or letting of a contract for construction, installation, maintenance, repair or improvement of the system or any portion thereof;
      (6)   Expenses incurred by the City, or on its behalf or with its approval, in seeking to enforce any remedy against any contractor;
      (7)   Principal and interest on any bonds issued to finance construction, installation, maintenance, repair or improvement of the system or any portion thereof; and/or
      (8)   Miscellaneous expenses incidental thereto.
   (e)   Debt Service. With respect to any particular calendar year and any particular series of bonds, an amount equal to the sum of all interest payable on such bonds during such calendar year, plus any principal installments of such bonds during such calendar year.
   (f)   Developed Lot, Parcel, or Use. Any lot, parcel, or use other than an undeveloped lot or parcel.
   (g)   Equivalent Residential Unit (ERU). The statistical average horizontal impervious area of all residentially-developed lots and parcels, per residential unit, located within the City, as established by City Council.
   (h)   ERU Rate. A stormwater user fee charged on each ERU, as established by City Council.
   (i)   Exempt Property.
      (1)   Rights-of-way, streets, alleys, parking facilities, parks, sidewalks, facilities, or any other property owned by the City.
      (2)   Land that is used solely for agricultural purposes that does not contain any structures and/or impervious surfaces.
      (3)   Exempt property may also include, upon a determination by City Council, by resolution, any federal, state, county, or municipal government owned property where stormwater runoff on the property is otherwise controlled through a self-contained system that does not contribute to the City's stormwater management system.
   (j)   Extension and Replacement. The costs of extensions, additions and capital improvements to, or the removal and replacement of capital assets of, or purchasing and installing new equipment for, the stormwater management system, including land acquisitions for the system and any costs related thereto, paying for extraordinary maintenance and repair including the costs of construction, or any other expenses which are not the cost of operation and maintenance or debt service.
   (k)   Impervious Area. The number of square feet of hard-surfaced areas that either prevent or retard the entry of water into the soil mantle as it is entered under natural conditions on undisturbed lots or parcels, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions on undisturbed lots or parcels including, but not limited to, roofs, roof extensions, patios, porches, driveways, sidewalks, pavement and athletic courts. Gravel surfaces shall not be included as a part of the impervious area calculation for nonresidential lots or parcels.
   (l)   Nonresidential Lot, Parcel, or Use. A developed lot, parcel, or use that is not utilized or intended for residential units including commercial, industrial, institutional, or governmental, and/or multi-family residential (i.e., three-family or greater). Nonresidential Lot, Parcel, or Use includes vacant improved nonresidential lots, parcels, or uses. Residential condominium developments shall also be considered nonresidential.
   (m)   Operations and Maintenance. The current expenses, paid or accrued, of operation, maintenance and current repair of the stormwater management system, as calculated in accordance with sound accounting practices, including, but not limited to, insurance premiums; administrative expenses; labor; executive compensation; costs of materials, supplies and labor used for current operations; costs associated with educational programs and materials; costs associated with regulation of, inspection of and enforcement of regulations related to the system; and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which may reasonably be expected to be incurred in accordance with sound accounting practices.
   (n)   Residential Unit. A single-family detached home or two-family duplex used for, or intended for use as, residential living. Residential Unit does not include a structure that includes more than two (2) independent dwelling units or dwelling units for more than two (2) families.
   (o)   Residential Lot, Parcel, or Use. A developed lot, parcel or use that utilized or intended for residential units. Residential Lot, Parcel, or Use includes vacant improved residential lots, parcels, or uses.
   (p)   Revenues. All rates, fees, assessments, rentals or other charges or income received by the Stormwater Fund in connection with the management and operation of the stormwater management system, including amounts received from the investment of deposit of moneys in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practices.
   (q)   Stormwater User Fee. A fee to fund and support the administration, operation, maintenance, design, construction, repair, extension, improvement, replacement, regulation, inspection and regulation of the system, and education and enforcement regarding the use of the system, and any costs associated therewith or incidental thereto.
   (r)   Stormwater Management Utility or Stormwater Management System ("System"). The City's existing stormwater management system/stormwater sewer system and its facilities, and all improvements thereto, which conserves water; controls discharges necessitated by rainfall events; incorporates methods to collect, convey, store, absorb, inhibit, treat, use, or reuse stormwater to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise that may affect the quality and quantity of discharge from such system.
   (s)   Undeveloped Lot or Parcel. A lot or parcel that has not been altered from its natural state by dredging, filling, removal of trees and vegetation, or other activities that have disturbed or altered the topography or soils on the lot or parcel. The determination of whether a lot or parcel is undeveloped shall be made by the City, in its sole discretion, and may be based upon the land use code assigned to the lot or parcel by the Greene County Auditor.
   (t)   Use. Use means a residential or nonresidential use that sits upon multiple contiguous lots or parcels.
   (u)   User Fee District. The area and all lots and parcels that lie within the corporate limits of the City of Xenia.
   (v)   Vacant Improved Lot, Parcel, or Use. An unoccupied, developed lot, parcel, or use that contains impervious area.
(Ord. 04-39; Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.03 STORMWATER USER FEES.
   (a)   Intent.
      (1)   It is the intent of City Council to establish a uniform schedule of rates and fees for the services and use of the facilities of the stormwater management utility by every lot, parcel, or use within the City's corporate limits.
      (2)   Stormwater user rates and fees will be based on the extent to which runoff from each lot, parcel, or use creates the need for the stormwater management utility; operation and maintenance costs of the stormwater management utility; debt service costs; and construction costs, including current and future capital improvements to the stormwater management utility.
   (b)   Application. Subject to the provisions of this Chapter, each and every residential lot, parcel, or use; nonresidential lot, parcel, or use; and undeveloped lot or parcel, other than exempt property, within the corporate limits of the City, and the owners and occupants thereof, shall have imposed upon them a monthly stormwater user fee, unless otherwise provided in this Chapter.
   (c)   Joint and Several Liability. In the event the owner and occupants of a particular commercial or industrial lot, parcel or use are not the same, the liability for each the owner and the occupant for the stormwater user fee attributable to that lot, parcel or use shall be joint and several.
   (d)   Service Charge. The stormwater user fee shall be a monthly or a regular interval service charge and shall be determined in accordance with Section 1020.04 , the provisions of this Chapter, and the ERU and the ERU rate, which shall be established and may be changed from time to time by City Council. The minimum service charge for any improved lot, parcel or use shall be equal to one (1) ERU, unless otherwise provided in this Chapter. The established rates and fees established by this Chapter shall be paid in accordance with this Chapter and Chapter 1030.
   (e)   Change in Applicable Fee. The monthly billing for the stormwater user fee per lot, parcel or use shall be updated by the Accounts Receivable & Billing Division, as necessary, based on the change in use, the development of a lot, parcel, or use or additions to the impervious areas on any lot, parcel, or use.
(Ord. 04/39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.04 SCHEDULE OF MONTHLY FEES.
   (a)   Establishment of the ERU and the ERU rate. The City Council, upon the recommendation of the City Manager, shall establish the value of an ERU, equal to the number of square feet of measured impervious surface area and equal to the statistical average amount of horizontal impervious area of residential units within the City, and shall establish a flat fee for the ERU rate in the City's Fee Schedule, Appendix A to the City Government Code.
   (b)   Establishment of Residential Fees. The City Council, upon the recommendation of the City Manager, shall establish a flat monthly fee for the stormwater user fee per residential lot, parcel, or use in the City's Fee Schedule, Appendix A to the City Government Code. This flat fee recognizes that the contribution to runoff from most residential lots, parcels, or uses is similar and it would, therefore, be excessive and unnecessarily expensive to determine precisely the square footage of impervious areas on each residential lot or parcel within the City.
   (c)   Undeveloped Lots or Parcels. Non-exempt lots or parcels of 0.1 acres or more that are undeveloped shall be assessed a monthly stormwater user fee. The monthly fee shall be a flat fee based on calculations regarding typical runoff from an average residential lot or parcel and the statistical distribution of undeveloped lots or parcel based upon acreage citywide.
   (d)   Nonresidential Fees. For all non-exempt nonresidential lots or parcels or other land not covered by division (c) of this section, the rate of the monthly stormwater user fee shall be computed based on the total impervious area, in square feet, of the lot, parcel, or use divided by the area of an ERU to determine the number of ERUs on the lot, parcel, or use, times the monthly rate established for an ERU. ERU calculations shall be rounded to the nearest whole number.
   (e)   Annual Increase.
      (1)   Beginning January 1, 2026, the established monthly residential stormwater user fee and the monthly ERU rate shall be subject to an annual increase equal to the percentage obtained by averaging the national inflation rates from the United States Labor Department, Bureau of Labor Statistics, for the previous three (3) years. This increase shall be referred to as the Cost of Living Adjustment (COLA). The new monthly residential stormwater user fee and new monthly ERU rate will be established annually by adding the COLA to the existing monthly residential stormwater user fee and the monthly ERU rate. The Finance Director is hereby authorized to update the City's Fee Schedule, Appendix A of the City Government Code, to reflect the yearly COLA increase.
      (2)   The Finance Director may, no later than February 1st, recommend to City Council the waiver of all or any part of the yearly COLA increase, and such recommendation may be for one year or multiple years. Upon such recommendation by the Finance Director, City Council may, by resolution, waive all or any part of the proposed COLA increase for one year or multiple years.
      (3)   If City Council takes no action to waive all or any part of the proposed COLA increase, in accordance with division (e)(2) of this section, the yearly COLA increase shall be implemented by the Finance Director no later than March 1st of that year.
(Ord. 06-87. Adopted 12/28/06; Ord. 12-08. Adopted 03/22/12; Ord. 2022-44. Adopted 11/22/22; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
§ 1020.05 SURCHARGE FOR CURBS AND GUTTERS.
   (a)   Surcharge. Notwithstanding any other provision of this Chapter, there is hereby imposed a monthly curb and gutter surcharge per utility billing account to be collected with the Stormwater User Fee in accordance with Chapter 1030. Such surcharge shall be in an amount established by City Council in the City's Fee Schedule, Appendix A to the City Government Code. At least every five (5) years, City Council shall review the rate of the curb and gutter surcharge and determine whether to continue said surcharge and if so, the appropriate rate of the surcharge.
   (b)   Purpose. All surcharges imposed and collected pursuant to this section shall be placed in a separate cost center in the Stormwater Fund and shall be used for the maintenance, repair and replacement of curbs and gutters within the City.
   (c)   Surplus Funds. If, at any time, Council finds there are surplus funds in said curb and gutter cost center, such surplus may be transferred to the General Fund in an amount equal to any amounts previously transferred from the General Fund to help fund curb and gutter repair and/or replacement within the City.
(Ord. 04-39. Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)
Loading...