HomeMy WebLinkAboutCity Council Ordinance 2002-34CITY OF PLYMOUTH
ORDINANCE NO. 2002-34
AN ORDINANCE AMENDING SECTION 725.06
OF THE PLYMOUTH CITY CODE MODIFYING THE APPEALS MECHANISM FOR THE
STORM WATER UTILITY
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Section 725 of the Plymouth City Code is amended to read:
725.01. Storm Water Utility Established. A municipal storm sewer utility is hereby established and
shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075 from which
revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes.
725.02. Definitions. Unless the context clearly indicates otherwise, the following words or phrases
have the meanings given in this Subdivision.
A. Residential Equivalent Factor (REF). One REF is defined as the ratio of the average volume of
runoff generated by one acre of a particular land use to the average volume of runoff generated
by one-half (1/2) acre of typical single family residential land, assuming Soil Conservation
Service (SCS) "Type B" soil conditions, during a standard 1 year rainfall event, as determined
by the Public Works Director.
B. Storm Water Utility Rate. The charge to a typical one-half (1/2) acre single family residential
parcel shall be the storm water utility rate.
725.03. REF For Land Uses. Storm water drainage fees for single family (detached) and duplex
parcels shall be on a per parcel basis. These fees shall be calculated by multiplying the REF
by the storm water utility rate.
Storm water drainage fees for all other land uses shall be determined by multiplying the REF
for the land use by the parcels' acreage and then multiplying the resulting product by the storm
water utility rate. The REF values for various land uses are as follows:
Land Use
Per Parcel
Single Family (Detached) & Duplex
REF
[Kill]
Per Acre
Multi -Family (Townhomes, Condominiums, and Apartments) 3.32
Commercial and Industrial 7.18
725.04. Other Land Uses. Land uses not listed in the foregoing table shall be evaluated individually
based on the amount of impervious coverage and parcel size.
Golf courses and regional parks will have their fees based on the amount of run-off produced by the
impervious area of each parcel, not the total parcel size.
725.05. Storm Water Utilily Rate. The storm water utility rate is $3.25 per month and shall be
charged to all parcels not listed as exempt in Section 725.08.
725.06. Anneals — Sinele-Family and Duplex. Appeals for single-family and duplex
properties are generally not allowed. However, owners of single-family and duplex properties,
with unique conditions or improvements (natural ponds, water quality ponds, drywells, minimal
impervious coverage, etc.) may appeal their surface water fee. The City Manager, or designee,
may adjust the REF for these parcels of land (by up to 75%) based upon the demonstration of
run-off volumes substantially different from the standards used by the City. Land use data,
sufficient to determine storm water runoff, must be supplied by the property owner(s) to
demonstrate that a fee adjustment is warranted. Fee adjustments shall not be made
retroactively. Appeals of the City Manager's determinations shall be made to the City Council.
725.065 Appeals —Other Properties. The City Manager, or designee, may adjust the REF
for all parcels of land which are not single-family or duplex properties (by up to 75%) based
upon the demonstration of run-off volumes substantially different from the standards used by
the City. The area of parcels may also be reduced by the area of qualifying NURP ponds at
normal water level. Land use data, sufficient to determine storm water runoff, must be supplied
by the property owner(s) to demonstrate that a fee adjustment is warranted. Fee adjustments
shall not be made retroactively. Appeals of the City Manager's determinations shall be made to
the City Council.
725.07. Incentives. The City Council may adopt, from time to time, by resolution an incentive
program which would allow for the reduction of fees for individual parcels of land. The maximum
reduction for any parcel shall be 20%.
725.08. Exemptions. The following land uses are exempt from storm water utility fees.
A. Public Rights -of -Way
B. Vacant Land (e.g., undeveloped land, agricultural land without a dwelling)
C. Railroad Rights -of -Way
D. Unoccupied Public Land (e.g., open space, parks without permanently staffed
structures)
725.09. Billing and Payment. Storm water utility charges shall be computed and billed periodically
with, and included as a charge on, bills issued by the City for water, sewer, recycling or streetlight
services. If a parcel of land subject to the storm water utility charge is not served by other utilities, a
separate bill shall be issued every two (2) months for residential properties and every one (1) month for
commercial properties.
725.10. Amount Due After Due Date. An amount equal to 10% of the unpaid current service charges
shall be added to each account which is not paid by the due date as specified by the Finance
Department.
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725.06. Anneals — Sinele-Family and Duplex. Appeals for single-family and duplex
properties are generally not allowed. However, owners of single-family and duplex properties,
with unique conditions or improvements (natural ponds, water quality ponds, drywells, minimal
impervious coverage, etc.) may appeal their surface water fee. The City Manager, or designee,
may adjust the REF for these parcels of land (by up to 75%) based upon the demonstration of
run-off volumes substantially different from the standards used by the City. Land use data,
sufficient to determine storm water runoff, must be supplied by the property owner(s) to
demonstrate that a fee adjustment is warranted. Fee adjustments shall not be made
retroactively. Appeals of the City Manager's determinations shall be made to the City Council.
725.065 Appeals —Other Properties. The City Manager, or designee, may adjust the REF
for all parcels of land which are not single-family or duplex properties (by up to 75%) based
upon the demonstration of run-off volumes substantially different from the standards used by
the City. The area of parcels may also be reduced by the area of qualifying NURP ponds at
normal water level. Land use data, sufficient to determine storm water runoff, must be supplied
by the property owner(s) to demonstrate that a fee adjustment is warranted. Fee adjustments
shall not be made retroactively. Appeals of the City Manager's determinations shall be made to
the City Council.
725.07. Incentives. The City Council may adopt, from time to time, by resolution an incentive
program which would allow for the reduction of fees for individual parcels of land. The maximum
reduction for any parcel shall be 20%.
725.08. Exemptions. The following land uses are exempt from storm water utility fees.
A. Public Rights -of -Way
B. Vacant Land (e.g., undeveloped land, agricultural land without a dwelling)
C. Railroad Rights -of -Way
D. Unoccupied Public Land (e.g., open space, parks without permanently staffed
structures)
725.09. Billing and Payment. Storm water utility charges shall be computed and billed periodically
with, and included as a charge on, bills issued by the City for water, sewer, recycling or streetlight
services. If a parcel of land subject to the storm water utility charge is not served by other utilities, a
separate bill shall be issued every two (2) months for residential properties and every one (1) month for
commercial properties.
725.10. Amount Due After Due Date. An amount equal to 10% of the unpaid current service charges
shall be added to each account which is not paid by the due date as specified by the Finance
Department.
725.11. Delinquent Bills. If storm water utility charges are not paid within three (3) months after a
billing is issued, the City shall certify the amount due, together with penalties, to the County Auditor to
be collected with other real estate taxes on the parcel.
725.12. Establishment of Fund. All fees collected for the storm water utility shall be placed in a fund
for storm water purposes as permitted by Minnesota Statutes, Section 444.075.
ADOPTED by the City Council December 17, 2002.
J c yn Ver6y, Mayor
ATTEST:
iandra R. Paulson, City Clerk