HomeMy WebLinkAbout1 Town Code Stormwater UtilityCHAPTER
18
STORMWATER MANAGEMENT
UTILITY
Article I — General Provisions
Section 18-1
Findings
Section 18-2
Purpose
Section 18-3
Definitions Applicable to Article
Section 18-4
Establishment of a Stormwater Management Utility and Enterprise Fund
Section 18-5
Jurisdiction
Article II — Establishment of Stormwater Service Charge and Credits
Section 18-6 Rate Structure
Section 18-7 Schedule of Fees and Charges
Section 18-8 Billing and Collection
Section 18-9 Exemptions and Credits Applicable to Stormwater Management Service
Charges
Article III — Use of Stormwater Utility Funds
Section 18-10 Disposition of Service Charges and Fees
Section 18-11 Miscellaneous
Article I
GENERAL
PROVISIONS
Section 18-1 Findings
(a) Water quality standards mandated by state and federal law require that local governments
develop more detailed, advanced, and costly stormwater programs.
(b) Effective stormwater management should be provided to protect, to the extent practicable, the
citizens of the town from the loss of life and property damage from flooding.
(c) The construction, operation, and maintenance of stormwater conveyance systems requires
long term planning and stable and adequate funding.
(d) G.S. Chapter 160A, Article 16, authorizes the town to acquire, construct, establish, enlarge,
improve, extend, maintain, own, operate, and contract for the operation of stormwater
management programs designed to protect water quality by controlling the level of pollutants
in, and the quantity and flow of, stormwater and structural and natural stormwater and
drainage systems of all types.
(e) The establishment of a stormwater management utility that would be accounted for as a
separate enterprise fund and would facilitate the provision of a stormwater management
program is reasonable and in the public interest.
(f) G.S. 160A-314 authorizes the Town of Carrboro to establish and revise, from time to time, a
schedule of rates and charges to fund the stormwater management program activities
including both structural and natural stormwater conveyance and drainage system services
provided by the stormwater management utility.
Section 18-2 Establishment and Purpose
A stormwater management utility is hereby created for the purpose of comprehensively
addressing the stormwater management needs of the town. The town's stormwater management
needs are met herein (1) through programs designed to protect and manage water quality and
quantity by controlling the level of pollutants in stormwater runoff, and the quantity and rate of
stormwater received and conveyed by structural and natural stormwater and drainage systems of
all types, (2) by providing for the establishment of a schedule of charges, (3) by defining the
control, collection, and disbursal of funds, and (4) by setting forth penalties, methods of appeals
and exemptions.
Section 18-3 Definitions applicable to article
For the purpose of this article, the following words, terms, and phrases shall have the
meanings given to them in this section, except where the context clearly indicates a different
meaning:
Developed land shall mean a land parcel altered from its natural state.
Drainage system shall mean natural and structural channels, swales, ditches, swamps, rivers,
streams, creeks, wetlands, branches, reservoirs, ponds, drainage ways, inlets, catch basins, gutters,
pipes, culverts, bridges, head walls, storm sewers, lakes, and other physical works, properties, and
improvements that transfer, control, convey or otherwise influence the movement of storm water
runoff.
Equivalent residential unit (ERU) is a unit of measure of impervious surface (in square
feet) that represents the impervious surface area on the average single-family residential parcel in
the town as a unit of comparison. ERU shall mean, for the purposes of this article, 2,800 square
feet of impervious surface.
Impervious surface shall mean developed areas of land that prevent or significantly impede
the infiltration of stormwater into the soil. Typical impervious surfaces include, but are not
limited to: Roofs, sidewalks, walkways, patios, swimming pools, private driveways, parking lots,
access extensions, alleys and other paved, engineered, compacted or gravel surfaces containing
materials that prevent or significantly impede the natural infiltration of stormwater into the soil.
Natural state shall describe existing undeveloped land where the soil and vegetation
characteristics have not been substantially modified or disturbed by human activities and the
hydrologic function is in an unaltered or natural condition.
Nonresidential parcel shall mean a parcel that is developed land not used as a single-family
residence;
this includes, but is not limited to, commercial, industrial, institutional properties, and apartment
complexes.
Residential parcel shall mean a parcel with a single-family residential structure used as a
single-family dwelling and whose primary uses is as a single-family residence; residential
condominiums/townhomes subdivided as individual parcels are considered residential parcels.
Service charge shall mean a stormwater management service charge, applicable to a land
parcel, which generally reflects the impact on or demand for stormwater management services
provided by the town to properly control and manage stormwater runoff quantity and/or quality
associated with the land parcel. The service charge may vary from one land parcel to another
based on the impervious surface and pollution load. The service charge may vary for the same
class of service in different areas of the town limits and may vary according to classes of service.
Stormwater shall mean the runoff from precipitation that travels over natural state or
developed land surfaces and enters a drainage system.
Stormwater utility manager is a person working for or on behalf of the town to administer
the stormwater management program.
Stormwater management program shall mean an identified set of measures and activities
designed to protect, restore and/or manage stormwater quality by controlling and/or reducing
pollutants and to reduce and/or manage stormwater quantity by controlling velocity, volume, and
rate.
Stormwater management utility shall mean an organizational structure established by the
town, that is responsible for funding, administering, and operating the town's stormwater
management program, and that is supported through a rate structure based on the impervious
surface area and found on land parcels located within the town limits.
Town limits shall mean all land within the corporate limits of the Town of Carrboro.
Undeveloped land shall mean all land that is not altered from its natural state.
Section 18-4 Establishment of a stormwater management utility and enterprise fund
(a) There is hereby established a Town of Carrboro Stormwater Management Utility that shall
be responsible for implementing, operating, and administering the town's stormwater
management program as defined herein.
(b) There is hereby established a Town of Carrboro Stormwater Management Enterprise Fund
for the purpose of dedicating and protecting funding applicable to the responsibilities of the
stormwater management utility including, but not limited to, rents, rates, fees, charges, and
penalties as may be established after due notice having been given and a public hearing held
by the Board of Aldermen as required by G.S. 160A-314(al)(1). The hearing may be held
concurrently with the public hearing on the proposed budget ordinance. Funding may also
include other funds transferred or allocated to the stormwater management utility by the
Board of Aldermen. All revenues and receipts of the stormwater management utility shall be
placed in the stormwater management enterprise fund and all expenses of the stormwater
management utility shall be paid from the stormwater management enterprise fund, except
that other revenues, receipts, and resources not accounted for in the stormwater management
enterprise fund may be applied to stormwater management activities as deemed appropriate
by the Board ofAldermen.
Section 18-5 Jurisdiction
The jurisdiction of the stormwater management utility shall extend throughout the town
limits of the Town of Carrboro.
Article
II
ESTABLISHMENT OF STORMWATER SERVICE
CHARGE AND CREDITS
Section 18-6 Rate structure (Adopted 6-5-18, Amend. 1-21-20)
The service charges shown below shall apply to all non-exempt properties.
Residential
Tier
Minimum Impervious
_Maximum Impervious
Fee
Surface (square feet)
Surface (square feet)
1
500
5,999
$90
2
6,000
---
$180
Ion -Residential
Tier
Minimum Imperi-ious
Surface (square feet}
Maximum Impervious
Surface (square feet)
Fee
1
500
5,999
S90
2
6,000
23,999
450
3
2.4-000
41,999
$990
4
42.000
59,999
S1,530
60,000
S%999
S2,250
6
90-000
119,999
S3,150
12.0,000
149,999
S4,050
S
150,000
179,999
S4,950
9
180,000
0%999
S5,850
10
2.10,000
239,999
S6,750
11
2.40,000
269,999
7,650
12
2.70,000
299,999
$8550
13
300,000
3 %999
99,450
14
330,000
359,999
$10,350
15
360,000
389,999
$11,250
16
390,000
419,999
$12,150
17
42.0,000
44%999
$13,050
is
450,000
479,999
$13,950
19
480,000
509,999
$14,850
20
510,000
539,999
$15,750
21
540,000
56%999
$16,650
2
570,000
599,999
817,550
Section 18-7 Schedule of fees and charges
The schedule of rates, fees, charges, and penalties, if any, related to this article shall be
adopted after notice and a public hearing as required by G.S. 160A-314. As set out in G.S.
160A-314, the hearing may be held concurrently with the public hearing on the town's proposed
budget. The schedule of rates, fees, charges, and penalties shall apply to all land parcels within
the town limits, except as may be altered by credits or exemptions provided in this article.
Section 18-8 Billing and collection
(a) Method of billing. Billing and collection of the stormwater management utility service
charges for stormwater management services and facilities which may be adopted shall be
billed with property taxes under the general administration of the town manager. Stormwater
management utility service charges may be made payable in the same manner as property
taxes, or in such other manner as may be determined by the town manager.
(b) Delinquencies. Stormwater management utility service charge billings that are not paid
within the time allowed for the payment of property taxes shall be collected by any
remedy provided by law for collecting and enforcing private debts or in any other manner
authorized by law.
(c) Application of payment. Payment will be applied to a customer's bill in the
following order: (1) Interest, to the extent allowed by law.
(2) Civil penalties assessed pursuant to this article.
(3) Stormwater management utility service charge.
(d) Appeal of disputed bills and adjustments. If any citizen wishes to dispute a stormwater
management utility service charge billing or any other rents, rates, fees, charges, or penalties
adopted pursuant to this article, that citizen must submit a written appeal within 60 days from
the date of billing, stating the reasons for the appeal, and providing information pertinent to
the calculation of the billed charge. A timely appeal shall stay the penalty deadlines. An
appeal of a disputed bill shall be filed with the stormwater utility manager for review and
disposition. If the citizen is not satisfied with the disposition of the appeal, the citizen may
further appeal the disputed charge to the town manager or his designee who shall make the
final ruling on the validity of the appeal.
Section 18-9 Exemptions and credits applicable to stormwater management service charges
(a) Statement of policy. Except as provided in this section, no public or private property shall be
exempt from stormwater management utility service charges or receive a credit or offset
against such stormwater management utility service charges. No exemption or reduction in
stormwater management utility service charges shall be granted based on the age, tax or
economic status, race, or religion of the customer, or other condition unrelated to the cost of
providing stormwater services and facilities.
(b) Exemptions. No public or private property shall be exempt from stormwater management
utility service charges, with the following exceptions:
(1) Publically dedicated roads, streets, greenways, sidewalks and other publically dedicated
rights- of -way and easements for vehicular or pedestrian traffic that are available for use
by the general public for transportation purposes, shall be exempt from town
stormwater management utility service charges. This exemption shall not apply to
internal site roadways within public or private facilities.
(2) Railroad rights -of -way used or formerly used for trackage shall be exempt from town
stormwater management utility service charges. This exemption shall not be construed
to apply to railroad stations, maintenance buildings, or other developed land used for
railroad purposes.
(3) Undeveloped land, open space or land parcels with fewer than 500 square feet of
impervious surface area.
(4) Parcels maintained by homeowner associations as open space or with engineered
stormwater control measures.
(5) Town -owned property.
(c) Credits. The following credits may be allowed upon adoption of a credit application
instruction manual by the Town Board:
(1) Non-residential parcels that provide measures to mitigate the impacts of runoff on the
stormwater system beyond what was required at the time the project was approved by
the town may be eligible for one or more credits to the stormwater management utility
service charge.
(2) The credit application instruction manual may be approved by the Town Board and
placed on file with the town clerk at which time it shall be followed in establishing
applicable credits to a customer's stormwater management utility service charge.
(3) Each credit allowed against a customer's stormwater management utility service charge
shall be conditioned on continuing compliance with the performance standards set
forth in the credit application instruction manual and may be rescinded for
noncompliance with those standards.
(4) Each credit for which a customer applies shall be subject to review and approval by the
stormwater utility manager. The stormwater utility manager may approve or reject any
application for a credit in whole or in part.
Article
III
USE OF STORMWATER UTILITY
ENTERPRISE FUNDS
Section 18-10 Disposition of service charges and fees
Stormwater management utility service charge and fee revenues shall be assigned and
dedicated solely to the stormwater management enterprise fund in the town budget and
accounting system, which shall be and remain separate from other funds, and shall be used only
to fund identified stormwater management program activities. The services charges and fees
paid to and collected by virtue of the provision of this article shall not be used for general or
other governmental or proprietary purposes of the town, except to pay for costs incurred by the
town in rendering services associated with the stormwater management utility.
Section 18-11 Miscellaneous
(a) The ordinance from which this article is derived supersedes all other town ordinances, or
parts of ordinances in conflict herewith.
(b) Any part or provision of the ordinance from which this article is derived found by a court of
competent jurisdiction to be in violation of the Constitution or laws of the United States or
of the State of North Carolina is hereby deemed severable and shall not affect the validity
of the remaining provisions of the Ordinance.