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HomeMy WebLinkAboutNo 839 Establishing the City's Storm Water System As a Public Environmental UtilityORDINANCE 839 AN ORDINANCE ESTABLISHING THE CITY’S STORM WATER SYSTEM AS A PUBLIC ENVIRONMENTAL UTILITY Section 1. Findings and purposes. The purpose of this ordinance is for the efficient, economic and safe operation of the storm water system for the protection of the health, safety and general welfare of the public within the City. Section 2. Establishment. The City’s storm water system shall be operated as a public utility (hereinafter called the “Environmental Utility”), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Section and State law. The Environmental Utility will be part of the Public Works Department and under the administration of the Public Works Director. Section 3. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Utility Factor means the ratio of runoff volume, in inches, for a particular land use to the runoff volume, in inches, for an average single-family residential, assuming a 2-inch rainfall and Natural Resources Conservation Services (“NRCS”) “Type B” soil conditions. Environmental Utility Fee means the annual charge developed for each parcel of land. Monthly Environmental Utility Revenue means the estimated monthly expenditures by the city for planning and inventories, capital expenditures, personnel and equipment and operation of the environmental utility, in accordance with established city policy. Section 4. Environmental Utility Factors. Subd. 1. The Environmental Utility Fee shall be determined by first determining the percentage of total runoff in the city which is attributed to Single Family Residential Property. The fee per acre for Single Family Residential is computed by computing the product of the runoff percentage and the Monthly Environmental Utility Revenue, divided by the estimated total acres of Single Family Residential land use in the city. The per acre fee for all other individual parcels shall be defined as the product of the Single Family Residential per acre fee, the appropriate utility factor and the total acreage of the parcel. Single Family Residential parcels shall be assessed on a per household basis. Subd. 2. The utility factors for various land uses are as follows: Classification Land Use Utility Factor 1 Residential 1.00 2 Multi-Family 2.72 3 Apartments/Condominiums, Townhouses 2.72 4 Commercial 4.23 5 Industrial 3.30 6 Public/Quasi Public 3.30 7 Parks/Open Space/Cemeteries Exempt 8 Road Right-of-Way Exempt 9 Lake/Streams/Wetlands Exempt 10 Vacant Exempt Section 5. Credits. The Council may adopt policies, by resolution, for adjustment of the Environmental Utility Fees for parcels based upon hydrologic data to be supplied by property owners, which data demonstrates a hydrologic response substantially different from the standards. Such adjustments of Fees shall not be retroactive. Credits will be reviewed regularly by a city staff committee with a recommendation to the Council for final action. Section 6. Exemptions. The following land uses are exempt from the Environmental Utility Fee: (a) Public Right-of-Way (b) Lakes (c) Wetlands (d) City Property Section 7. Payment of Fee. Environmental Utility Fees shall be invoiced every month with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer utility bills. Any prepayment or overpayment of charges shall be retained by the city and applied against subsequent fees. Section 8. Appeal of Fee. If a property owner or person responsible for paying the Environmental Utility Fee believes that a particular assigned fee is incorrect, such a person may request that the fee be recomputed. Section 9. Penalty for Late Payment. Each billing for Environmental Utility Fees not paid when due shall incur a penalty charge of ten (10) percent of the amount past due. Section 10. Certification of Past Due Fees on Taxes. If any three (3) consecutive Environmental Utility Fees have not been paid when due, then a penalty as set forth on Section 9 of this ordinance shall be added to the amount due. Any such past due fees may then be certified to the County Auditor for collection with real estate taxes on the following year pursuant to Minnesota Statutes Section 444.075, Subdivision 3. In addition, the city shall also have the right to bring a civil action or to take other legal remedies to collect unpaid fees. Section 11. Severability. Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part held to be invalid. Section 12. Effective Date. This ordinance shall take effect upon the first day of October 2003. Passed by the Maplewood City Council on August 25, 2003.