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HomeMy WebLinkAboutOrdinance 1864ORDINANCE NO.1'� 6 An Ordinance Establishing a Stormwater Utility Fee Recitals 1. It is the intent of the City Council to create a utility with all lawful powers to plan, manage, construct, maintain, use and, where necessary, alter the stormwater control facilities in the City of Central Point, create a permanent funding mechanism which provides the resources necessary to carry out the objectives of a Stormwater Program, create a permanent funding mechanism which is equitable for all citizens in the City of Central Point to fund the maintenance and operation of stormwater management facilities in the City of Central Point through a permanent funding mechanism; and, 2. All citizens in the City of Central Point will be served by the program and receive the long-term benefits of such service. THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter, 11. 16, is hereby added to Title 11 of the Central Point Municipal Code, to read as follows: Chanter 11.16 STORMWATER UTILITY FEES Sections: 11.16.010 Purpose 11.16.020 Applicability 11.16.030 Definitions 11.16.040 Rate Structure 11.16.050 Equivalent Service Unit 11.16.060 Unit Rate Established 11.16.070 Service Charge Adjustment and Appeals 11.16.080 Stormwater Rate Discounts for Extreme Hardship 11.16.090 Use of Funds 11.16.100 Commencement of Charges 11.16.110 Delinquent Charges 1 Ordinance No. lcoq (121505) 11.16.010 Purpose. It is the purpose of this Chapter to provide revenue for a Stormwater Program to plan, manage, construct, maintain, use, and carry out activities related thereto, and to provide revenues by fixing rates and charges. There is hereby created an enterprise fund known as the "City of Central Point Stormwater Fund". All fees and charges imposed herein shall be placed in said fund for the purpose of paying any and all expenses related to the acquisition, installation, addition, improvement, replacement, repair, maintenance, operation, or administration of Stormwater Program facilities and activities. 11.16.020 Applicability. The requirements of this Chapter shall apply to all parcels of real property in the City of Central Point, including publicly and privately owned property. 11.16.030 Definitions. Biofiltration means the use of vegetation, including grasses and wetland plants, to filter and treat stormwater runoff as it is conveyed through an open channel or swale. City means the City of Central Point, Oregon, or as indicated by the context, may mean any official, officer, employee or agency representing the City in the discharge of his or her duties. City Roads means all roads, public and private, excluding State and County roads, in the City of Central Point. Developed Parcel means a parcel of real property which has been altered by development coverage. Drainage Facilities means the drainage systems comprised of stormwater control facilities and any other natural features which store, control, treat and / or convey storm and surface water. Storm drainage facilities shall include all natural and man-made elements used to convey storm water from the first point of impact with the surface of the earth to a suitable receiving body of water or location internal or external to the boundaries of the City. They include all pipes, appurtenant features, culvers, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention / retention basins, ponds, and other stormwater conveyance and treatment facilities whether or not the City shall have recorded rights-of-way or easements; it is presumed that the City has a prescriptive right of access to all storm drainage facilities for operation, maintenance, rehabilitation, or replacement. Equivalent Service Unit (ESU) means a configuration of impervious surface estimated to contribute an amount of runoff to the City's stormwater management system which is approximately equal to that created by the average single family residential developed parcel in Central Point. Impervious Surfaces means hard surfaced areas that prevent or hinder the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow than under natural conditions. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt roads, sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard -packed dirt, oiled or other surfaces which similarly impede the natural infiltration of stormwater, or runoff patterns existent prior to development. 2 Ordinance No. l(Z(eL4 (121505) Manager means the City Administrator or designee. Parcel means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which constitutes a separate lot or tract capable of being conveyed without further subdivision. Service Charges means the stormwater utility fee in an amount to be determined by applying the appropriate rate to a particular parcel of real property based upon factors established by this Chapter. Single Family Residence means a residential structure accommodating one dwelling unit, including duplex units and mobile homes, as defined by the City of Central Point land use codes. Stormwater Control Facilities means all man-made structures or natural water course facility improvements, developments, properties or interest therein, made, constructed or acquired for the conveyance of storm or surface water runoff for the purpose of improving the quality of, controlling, or protecting life or property from any storm, flood or surplus waters. Stormwater Program means the Central Point Stormwater Utility as defined in this chapter. Undeveloped Land means unimproved land and open space as defined by the City of Central Point land use codes. Undeveloped Parcel means any parcel of real property which has not been altered by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel. Unit Rate means the dollar amount charged per ESU. 11.16.040 Rate Structure. A. Service charges for the Stormwater Utility Fee are hereby authorized and imposed, in amounts and on terms consistent with this Chapter. B. The rates and service charges shall be based on the service provided and the relative contribution of stormwater runoff from a given parcel to the stormwater control facilities. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel. Service charges shall be determined as follows: 1. Undeveloped Parcels — Undeveloped parcels shall not be charged. 2. City Roads — City roads shall not be charged. 3. Single Family Residences — The monthly service charge for each single family residence shall be the unit rate for one equivalent service unit. 4. Other Developed Parcels — The monthly service charge for all other developed parcels, including publicly -owned properties, shall be computed by multiplying the unit rate times the number of equivalent service units applicable to the parcel minus any approved rate adjustment for the parcel as determined under Section 6.0. 5. Minimum Charge — There shall be a minimum monthly service charge for all developed properties equal to the unit rate. 3 Ordinance No. \ �< (oq (121505) 11.16.050 Equivalent Service Unit. One equivalent service unit is established at 3,000 square feet of impervious surface area. For the purpose of computation of service charges, the number of equivalent service units shall be rounded to the nearest tenth (0.10). 11.16.060 Unit Rate Established. The unit rate per equivalent service unit is hereby established at five dollars ($5.00) and may be revised by resolution of the City Council from time to time. 11.16.070 Service Charge Adiustments and Anneals. A. Any person billed for service charges may file a "Request for Service Charge Adjustment" with the Manager within thirty (30) days of the date of the bill. However, submittal of such a request does not extend the period of payment for the charge. B. A request for service charge adjustment may be granted or approved by the Manager only when one or more of the following conditions exist: 1. The amount charged is in error; however, no adjustment will be made unless the parcel is non-residential and the City's calculation of the impervious surface area on the parcel is shown to be in error by at least ten percent (101/o), as demonstrated by a licensed surveyor or engineer; 2. The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements that adversely affect water quantity or quality; or 3. The parcel includes a constructed or natural on-site stormwater mitigation facility that meets all of the following conditions: a. the constructed or natural facility provides storm or stormwater detention, retention, water quality treatment, and/or conveyance, ; and, b. the Manager has determined that the property owner is capable of maintaining and operating the facility; and, C. the facility is maintained by the property owner to the City's design specifications; and, d. the facility is available for inspection by the City; and, e. excess capacity, if not used by the property owner, is accessible and available for other related public purposes; and f. the credit is revocable under conditions where the facility no longer operates at the design level established during the drainage plan review / approval process. 4 Ordinance No. �'k Co �-L (121505) C. Credit Calculation. The amount to be credited shall be a fixed percentage reduction, based on the percentage of program costs directly related to managing surface water volumes. For water quantity migration, the formula is expressed mathematically as follows: A=FX25% Where A= the credit amount to be subtracted from the monthly fee; F= the total monthly charge without credit; For qualifying biofiltration, the formula is expressed mathematically as follows: A= F X 10% Where A= The credit amount to be subtracted from the monthly fee; and F= The total monthly charge without credit. D. The following information may be required by the Manager to determine eligibility for a service charge credit: 1. approved drainage plan certified by a licensed and qualified professional; 2. calculation of the credit amount; 3. signature of the person responsible for the accuracy of the credit application material; and 4. other information, as required by the Manager, to determine that the property owner is willing and has the capacity to maintain the facility. E. Service charge adjustments will only apply to the bill then due and payable, and bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted. F. Decisions on requests for service charge adjustment shall be made by the Manager based on information submitted by the applicant and by the City within thirty (30) days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the Manager's decision. G. Decisions of the Manager on requests for service charge adjustments shall be final unless appealed to City Council within thirty (30) days of the date the decision. 11.16.080 Stormwater Rate Discounts for Extreme Hardship. A. Any household in the City with a combined total income falling below the federal poverty level shall be considered eligible to apply for a stormwater rate discount. Persons applying for a stormwater rate discount must be the person who receives the stormwater bill and the head of a household. 5 Ordinance No. 1(le? (a4 (121505) B. Any person desiring to receive the stormwater rate discount must submit an application to the city on forms to be provided by the city. Subsequent to initial qualifications for utility discount, any person must reapply on or before June fifteenth of each year thereafter. The city administrator shall determine whether any applicant meets the qualifications and requirements for discount as set forth in this chapter. C. The amount of stormwater rate discount for eligible persons, provided under this chapter, shall be equal to the percentage water rate discount for extreme hardship, as established in Central Point Municipal Code Section 13.16.030. D. It is unlawful for any person to make, assist in making or to derive the benefits from any false application for discounts provided under this chapter. In addition to other penalties provided by law, the city shall be entitled to recover from any person or persons receiving the benefit of discounts as a result of any false statement made in any application the amount therefore, including interest at the rate of nine percent per year from the date such discounts were granted. 11.16.090 Use of Funds. Service charges collected under this Chapter shall be deposited into the City of Central Point Stormwater Utility Fund or funds to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the Stormwater Program and drainage facilities. 11.16.100 Commencement of Charges. For new construction, service charges will commence with the issuance of a building permit, creation of an impervious surface area, or installation of a water meter, whichever comes first. For existing structures, service charges will commence on the effective date of the ordinance establishing this Chapter. 11.16.110 Delinquent Charges. Delinquent accounts shall be treated in the same manner as delinquent water service accounts under CPMC 13.04.120. Section 2. Review of Fund. City Staff shall update the Stormwater five year financial rate model no less frequent than every three years during the budget cycle. The City's Budget Committee shall review the status of the Stormwater Utility Fund each year during the budget cycle and make recommendations to the City Council as to whether the service charges should be increased, decreased or left unchanged to meet the needs of the Stormwater Program. Section 3. Effective Date. This ordinance shall become effective February 1, 2006. Section 4. Severability. If any provision of this ordinance, or its application to any person or circumstances is held to be unconstitutional or invalid for any reason, the remainder of this ordinance or the application of the provisions to other persons or circumstances shall not be affected. 6 Ordinance No. j� (0q (121505) Section 5. Classification of Charges. For purposes of ORS 310.145 (Classification of Taxes and Fees for Purposes of Measure 5 Limits), the Stormwater Utility Fee is hereby classified as a fee or charge not subject to the limits of Section I I(b), Article XI, of the Oregon Constitution. Passed by the Council and signed by me in authentication of its passage this 4— day of ceQ�eC, 2005. Mayor Hank Williams LATST: City Recorder Approved by me this )5; day of�ce.. — 2005. Mayor Hank Williams 7 Ordinance No. I Qp(121505)