HomeMy WebLinkAboutOrdinance 405 - Storm Water Utility
CHAPTER IV – WATER & SEWER
ORDINANCE 405 STORM WATER UTILITY ................................................................ 405-1
Section 405.01: ESTABLISHMENT OF A STORM WATER UTILITY................ 405-1
Section 405.02: PURPOSE ......................................................................................... 405-1
Section 405.03: DEFINITIONS .................................................................................. 405-1
Section 405.04: RATES AND CHARGES ................................................................. 405-2
Section 405.05: ADJUSTMENTS AND GENERAL POLICY ................................... 405-3
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CHAPTER IV – WATER & SEWER
ORDINANCE 405 STORM WATER UTILITY
Section 405.01: ESTABLISHMENT OF A STORM WATER UTILITY. There is hereby
established a public utility to be known as the Storm Water Utility for the City of St. Joseph. The
Storm Water Utility shall be operated as a public utility pursuant to the City Code of Ordinances
and applicable Minnesota Statutes. The revenues derived therefrom shall be subject to provisions
of this Section and Minnesota Statutes Section 444.075. The Storm Water Utility shall be part of
the Public Works Department and shall be administered by the Public Works Director. This
Ordinance shall apply to the entire City of St. Joseph.
Section 405.02: PURPOSE. This Ordinance sets forth uniform requirements for the
establishment of a Storm Water Utility.
The purpose is to provide a funding mechanism for the following services:
a) The administration, planning, construction, implementation, and maintenance of
storm water Best Management Practices (BMPs) to reduce the introduction of
sediment and other pollutants into local water resources.
b) The administration, planning, analysis, construction, installation, operation,
maintenance and replacement of public drainage systems.
c) Activities necessary to maintain compliance with the National Pollutant Discharge
Elimination System (NPDES) Permit requirements established by the U.S.
Environmental Protection Agency, including preparation, implementation and
management of a Storm Water Pollution Prevention Plan (SWPPP) to address the
following control measures:
1) Public education and outreach on storm water impacts.
2) Public involvement/participation.
3) Illicit discharge detection and elimination.
4) Construction site storm water runoff control.
5) Post-construction runoff control in new development and redevelopment.
6) Pollution prevention for municipal operations.
d) Other education, engineering, inspection, monitoring, testing and enforcement
activities as necessary to maintain compliance with local, state and federal storm
water requirements.
Section 405.03: DEFINITIONS. Unless the context specifically indicates otherwise, the
following terms, as used in this ordinance, shall have the meanings herein-after designated.
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Subd. 1: Surface Area. “Surface Area”, referred to herein as “SA”, shall be the area of the
parcel in acres, subject to any standardization, adjustments or exceptions outlined in this
ordinance.
Subd, 2: Land Use. The “Land Use” for a given parcel shall be the “tax classification”
for that parcel on record at the Stearns County Recorder’s Office, or other land use classification
that is updated by the City Zoning Officer.
Subd. 3: Residential Equivalency Factor. “Residential Equivalency Factor”, referred to
herein as “REF”, is the ratio of the accumulated direct runoff generated by a particular land use
to the accumulated direct runoff generated by the residential land use.
Subd. 4: Unit Rate. “Unit Rate”, referred to herein as “UR”, is the rate in dollars per acre
to be charged per one (1) REF.
Subd. 5: Single-Family Residential. Land use classification of parcels with two (2) or less
living units.
Subd. 6: Multi-Family Residential. Land use classification of parcels with three (3) or
more living units.
Section 405.04: RATES AND CHARGES.
Subd. 1: Determining The REF: The accumulated direct runoff (Q) used to determine the
REFs shall be calculated based on an evaluation of the land use and application of a standardized
soil type and rainfall event.
The calculated direct runoff (Q) shall be based on the runoff equation in the Soil Conservation
Services (SCS) National Engineering Handbook Section 4 – Hydrology. The equation is as
follows:
2
Q = (P-0.2S)
P + 0.8S
Where:
S = (1000/CN)-10
P = 2.0 inches (based on a 24-hour 2-inch rainfall event)
CN = Runoff index (based on the land use and the Natural Resources
Conservation Services (NRCS Type B soils)
The runoff indices (CN) and REFs for the various land uses within the City shall be set forth
below:
Land Use CN REF
Single-Family Residential 72 1.00
Multi-Family Residential 85 2.72
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Institutional 88 3.30
Industrial 88 3.30
Commercial 92 4.23
Public, Quasi Public Exempt
Parks, Open Spaces, Cemeteries Exempt
Road Right-of-Way Exempt
Lakes, Streams, Wetlands Exempt
Agricultural, Undeveloped Exempt
The REF for Land Uses not listed above shall be determined by the City Engineer based on
probable hydrologic response.
.
Subd. 2: Establishing Unit Rates: The City Council shall from time to time, by resolution,
establish the Unit Rate for each REF. The Unit Rate so established shall be on file with the City
Clerk/Administrator and shall be used to compute the charges for a given parcel of land based on
the following formula:
Storm Water Charges = (UR) x (REF) x (SA)
Subd 3: Standardized Charges. The following rules shall apply for the purpose of
simplifying and equalizing charges:
1) A standard Surface Area of 0.30 acres shall be used for detached single-family residential
parcels.
Parcels subject to these standardized charges shall not be eligible for Adjustments to Charges or
Adjustments to Area as set forth elsewhere herein.
Section 405.05: ADJUSTMENTS AND GENERAL POLICY.
Subd. 1: Adjustments to charges. Storm Water Utility fees may be adjusted under any of
the following conditions:
1) Revisions of Unit Rate – The estimated expenditures for management of
storm water shall be reviewed by the City Council. The unit rate shall be
adjusted accordingly to meet the estimated expenditures and will follow
established procedures for adjustment of utility rates.
2) Minimum or Maximum Fees – The City Council may establish a
minimum or maximum monthly fee per parcel.
3) Application for Credit – The City may establish a credit policy and utilize
a credit application form for consideration of fee reduction.
4) Change in Development Condition of Parcel – As land is developed and/or
redeveloped, the fees will be re-computed based on the revised land use.
Subd. 2: Fee Adjustments by Credit Application. The City Council may by resolution
adopt a Storm Water Utility Policy and Credit Policy providing for the adjustment of charges for
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parcels or groups of parcels based upon hydrologic response substantially different from the REF
being used for the parcel or for parcels which employ BMPs or other storm water management
practices on-site that significantly reduce the quantity or improve the quality of storm water
runoff from the parcel.
Such adjustment shall be made only after receiving the recommendation from the Public Works
Director, and shall not be made effective retroactively. If the adjustment would have the effect of
changing the REF for all or substantially all parcels in a particular land use classification, such
adjustment shall be accomplished by amending the REF table list in this Ordinance.
Subd. 3: Adjustment to Area. The total parcel area as shown in the City Assessor’s
records will be used to calculate the Surface Area for a given parcel, except that apparent errors
in the recorded values may be subject to recalculation by the City. It is the responsibility of the
owner or manager of any parcel to provide the City with necessary surveys, and other
information as the City may reasonably request, to determine if a parcel, or portion of a parcel,
qualifies for an exception or area adjustment. Requests for exceptions and/or area adjustments
will be reviewed after receipt of all requested information. Exceptions and/or adjustments must
be approved by the City Engineer and Public Works Director, and shall become effective the
beginning of the next billing cycle following approval.
Subd. 4: Exceptions. The following land uses are exempt from the Storm Water Utility
Fees established herein:
1) public street right-of-way,
2) wetlands and public waters as defined by state law,
3) ponds designated and used exclusively for storm water retention or treatment purposes
up to the 100-year flood elevation,
4) undeveloped parcels,
5) publicly-owned park lands, natural areas, and recreational fields,
6) railroad right-of-way,
7) cemeteries,
8) unsewered parcels situated within the AG (Agricultural) zoning district of the City,
9) City-owned land.
Subd. 5: Falsification of Information. Willful failure to provide information that the City
may reasonably request related to the use, development and area of a premise, or falsification of
such information, shall constitute a violation of this Ordinance.
Subd. 6: Estimated Charges. If, for any reason, precise information related to the use,
development or area of a premises is not available, then Storm Water Utility Charges for such
premise shall be estimated, and billed, based upon information then available to the City.
Subd. 7: Billing Method. Storm Water Utility Fees will be computed and collected by the
City together with other City utility fees, in accordance with the procedures set forth in Section
409 of this Code.
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Subd. 8: Appeal: If a property owner believes that the fee charged a particular property
is incorrect, s/he may request review and re-computation of said fee.
Section 405.05 Amended 07/2017
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