08_Chap 54 Stormwater Management Utility

CHAPTER 54: STORMWATER MANAGEMENT UTILITY
Section
54.01 Authority
54.02 Definitions
54.03 Stormwater management utility established; administration; powers and duties
54.04 Boundaries and jurisdiction
54.05 Stormwater utility service fees, rates and fee schedule
54.06 Credits
54.07 Billing method; responsible parties
54.08 Backbilling
54.09 Complaints regarding a bill
54.10 Appeal
54.11 Use of revenue; investment of funds; borrowing
§ 54.01 AUTHORITY.
Pursuant to G.S. Ch. 160A, Art. 16, the city hereby creates a stormwater utility and establishes a schedule of stormwater
utility service fees to fund a stormwater management program, and a structural and natural stormwater and drainage
system.
(Ord. 2017-29, passed 6-5-17)
§ 54.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
BEST MANAGEMENT PRACTICE (BMP). Measures or practices used to reduce the amount of pollution entering surface
waters. BMPs can be structural or non-structural and may take the form of a process, activity, physical structure or planning
Structural BMPs refer to physical structures that reduce the amount of pollution entering surface waters. Structural BMPs
include structures such as detention/retention ponds, swales, rain gardens, infiltration basins, and rain barrels.
DEVELOPED PROPERTY. Real property that has been altered from its natural state by the addition and attachment of
any improvements such as buildings, structures or other impervious area. For new construction, property shall be
considered DEVELOPED PROPERTY upon final approval of site improvements by the city.
EQUIVALENT RESIDENTIAL UNIT (ERU). The total impervious area of a typical single-family residential property, which
is determined as the median impervious area of a representative sample, as determined by the city, of all developed
residential properties in the single-family residential category.
IMPERVIOUS SURFACE AREA. A surface that, because of its composition or compacted nature, impedes or prevents
natural infiltration of water into the soil, including but not limited to, roofs, decks, driveways, patios, sidewalks, parking areas,
tennis courts, streets, or compacted gravel surfaces.
NON -SINGLE FAMILY RESIDENTIAL PROPERTY. Developed property not defined as a single family residential
property.
PROPERTY OWNER OF RECORD. The person identified as the owner by county tax records.
REVENUES. All fees, assessments or other income received by the stormwater utility, including but not limited to,
amounts received from the investment or deposit of monies in any fund or account, and all amounts received as gifts or
donations, and the proceeds from the sale of bonds to finance the stormwater management program, or any other type of
funds derived from grants, fees or loans that by purpose or effect relate to stormwater management activities.
SINGLE-FAMILY RESIDENTIAL PROPERTY. Developed property that serves the primary purpose of providing a
permanent dwelling unit, regardless of the zoning district in which it is located, for single-family detached units, and that may
or may not have accessory uses related to the purpose of providing permanent dwelling facilities.
STORMWATER UTILITY SERVICE FEE. The monthly monetary amount charged each parcel of real property for the
services provided by the stormwater utility system and program as set forth in the city schedule of rates and fees, a copy of
which is located in the office of the City Clerk and is incorporated by reference herein.
(Ord. 2017-29, passed 6-5-17; Am. Ord. 2018-3, passed 1-22-18)
§ 54.03 STORMWATER MANAGEMENT UTILITY ESTABLISHED; ADMINISTRATION; POWERS AND DUTIES.

(A) The City Council hereby establishes a stormwater management utility to carry out the purposes, functions and
responsibilities set forth in this section. The governing body of the stormwater management utility shall be the City Council.
The City Manager shall administer the stormwater management utility through the Public Works Department or such other
departments and divisions as the City Manager shall designate.
(B) The stormwater management utility shall have the following powers and duties, subject to available revenues, which
powers and duties are not necessarily exclusive to the stormwater management utility.
(1) Stormwater management planning and preparation of comprehensive watershed master plans for stormwater
management.
(2) Regular inspections and maintenance of public stormwater management facilities, and measures for the
construction thereof, as well as regular inspections of private stormwater management facilities.
(3) Maintenance and improvement of stormwater management facilities that have been accepted by the city for
purposes of stormwater management.
(4) Plan review and inspection of sediment control and stormwater management plans, measures and practices.
(5) Retrofitting designated watersheds to reduce existing flooding problems or to improve water quality.
(6) Acquisition of interests in land, including easements, upon prior approval by City Council,
(7) Design and construction of stormwater management facilities and measures, and acquisition of equipment.
(8) Water quantity and water quality management, including monitoring activities.
(9) Compliance with state and federal regulations for stormwater management, and submission of mandatory and non -
mandatory reports related thereto, except for those regulations that require approval by City Council.
(10) Any and all powers and duties delegated or granted to it as a local government implementing agency under the
laws and regulations of the state and the ordinances of the city.
(Ord. 2017-29, passed 6-5-17)
§ 54.04 BOUNDARIES AND JURISDICTION.
The boundaries and jurisdiction of the stormwater management utility shall extend to the corporate limits of the city, as
they may exist from time to time, and such areas lying outside the corporate limits of the city as shall be approved by the City
Council.
(Ord. 2017-29, passed 6-5-17)
§ 54.05 STORMWATER UTILITY SERVICE FEES, RATES AND FEE SCHEDULE.
(A) Stormwater utility service fees will be determined and modified from time to time by the City Council, so that the total
revenues generated by these fees will be used to pay such expenses as are reasonably necessary or convenient in the
management, administration, planning, regulatory compliance, public education, construction, operation, and maintenance
of the stormwater system, and to pay principal of and interest on the debt incurred for stormwater purposes.
(B) The fee system must be reasonable and equitable so that users pay to the extent they contribute to the need for the
stormwater management utility, and so that fees bear a substantial relationship to the cost of service. The City Council
recognizes that these benefits, while substantial, in many cases cannot be measured directly.
(1) Stormwater utility service fees shall accrue on the date determined by City Council and set forth in the city schedule
of rates and fees. Stormwater utility service fees shall apply to all land as presented in § 54.04, whether public or private.
Exemptions shall not be allowed based on age, tax exemption, or other status of an individual or organization, except as set
forth in § 54.06.
(2) Stormwater utility service fees shall be based on a commonly accepted rate unit for stormwater utilities, the
equivalent residential unit (ERU). The ERU is used to relate a base rate fee charged to a single-family residential property to
that charged to a non -single-family residential property. The city's ERU is 3,000 square feet of impervious surface area. The
ERU is determined by analyzing digital photographs and, for verification purposes, performing field checks of a
representative sample of single-family residences within the city limits.
(a) All single-family residential properties will be charged one ERU per month.
(b) All non single-family residential properties will be charged based on the number of ERUs on the property.
Stormwater Utility Fee Rates
Number of ERUs
Monthly Rate per ERU
First 60
$4.50
61 st to 100th
$3

101 st to 150th $2
Above 150th Isi
(Ord. 2017-29, passed 6-5-17; Am. Ord. 2018-3, passed 1-22-18)
§ 54.06 CREDITS.
(A) Stormwater utility fee credits will be made available to developed non -single family residential properties with
structural BMPs that treat at least 100% of runoff from the parcel. Credit for either a 10% or up to a total of 20% reduction in
the stormwater utility fee will be given, as long as the property meets the eligibility requirements and the BMP meets the
appropriate treatment requirements and is being properly maintained. The credit percentage is applied after the complete
stormwater bill is calculated.
(B) Credit eligibility, application, approval, and expiration criteria and procedures are documented in the stormwater utility
fee policies.
(Am. Ord. 2018-3, passed 1-22-18)
§ 54.07 BILLING METHOD; RESPONSIBLE PARTIES.
(A) Bills for stormwater utility service fees shall be sent at regular, periodic intervals. Stormwater utility service fees may
be billed on a combined utility bill that also contains fees for other utilities. Stormwater utility service fees that are shown on
a combined utility bill may be for a different service period than that used for other utilities. For properties not having
otherwise active utility accounts, the fee for only stormwater utility service accounts shall be billed to the owners or other
persons listed on the real property tax records. These accounts may be billed at different intervals than the accounts
receiving combined utility billings.
(B) As the general rule, stormwater utility bills for a property that receives other city -provided utilities shall be sent to the
customer receiving such service. Billing for parcels or groups of adjacent and associated parcels with multiple utility
accounts may be done as a separate bill to each account with the impervious area allocated among the accounts. Where
this allocation results in an amount of impervious area allocable to a given account that is similar to that for a single family
residential property, the account will be billed the same way as a single family residential property.
(C) Townhouse and condominium developments and other similar properties billed through individual utility accounts and
not the property owner, but containing impervious surface greater than one ERU in common ownership areas, shall be
charged a stormwater utility service fee for the total impervious surface of all commonly -owned property within the
development. The stormwater utility bill for the commonly -owned areas shall be sent to the homeowners' association.
(D) Stormwater utility service fees shall be due and payable as set forth in the city schedule of rates and fees, a copy of
which is located in the office of the City Clerk, and is incorporated by reference herein.
(Ord. 2017-29, passed 6-5-17; Am. Ord. 2018-3, passed 1-22-18)
§ 54.08 BACKBILLING.
Failure to receive a stormwater utility service fee bill is not justification for nonpayment. The owner of each parcel of land
shall be ultimately obligated to pay such fee. If a customer is under -billed or if no bill is sent, the city may backbill for up to
two years.
(Ord. 2017-29, passed 6-5-17)
§ 54.09 COMPLAINTS REGARDING A BILL.
(A) A customer having a grievance or complaint that a bill is excessive must file written notice with the city's finance
office. If it is determined that the bill is in error, an adjustment will be made according to the schedule of rates and fees.
(B) No adjustment will be made for more than a three-year period.
(Ord. 2017-29, passed 6-5-17)
§ 54.10 APPEAL.
(A) For the purposes of the stormwater utility fee, any person who disagrees with any final determination of the Public
Works Director in the administration of the fee with regards to classification of parcels, stormwater fees, application of
credits, final administrative policies, or procedures, and other matters related to the administration of the stormwater utility
have 30 days from the date of notification of such determination to apply for a hearing.
(B) All appeals of administrative determinations are to be heard by the City Manager.
(C) Appeals to the City Manager's determination constitute a quasi-judicial process and will be heard by the Board of
Adjustment.
(Am. Ord. 2018-3, passed 1-22-18)

§ 54.11 USE OF REVENUE; INVESTMENT OF FUNDS; BORROWING.
Funds generated for the stormwater management utility from fees, bond issues, other borrowing and other sources shall
be utilized only for those purposes for which the stormwater management utility has been established. Such funds shall be
invested and reinvested pursuant to the same procedures and practices established by the city for investment and
reinvestment of funds. The City Council may use any form of borrowing authorized by law to fund capital acquisitions or
expenditures for the stormwater management utility.
(Ord. 2017-29, passed 6-5-17)