[HISTORY: Adopted by the Town Council of the Town of Denton 2-7-2011 by Ord. No. 617. Amendments noted where applicable.]
The management of stormwater quality and other surface water discharges within the Town is a matter that affects the health, safety, and welfare of the Town, its citizens and businesses.
Failure to effectively manage stormwater quality may create, among other things, erosion of lands, damage to homes and businesses, and create sedimentation and environmental damages to waterways within the Town and to the tributaries of the Chesapeake Bay.
A system for the collection, conveyance, storage, treatment, and disposal of stormwater provides services to all properties within the Town of Denton and surrounding areas.
Failure to effectively manage stormwater contributes to the further degradation of the water quality in area water bodies.
In order to protect the health, safety, and welfare of the public, the Town Council establishes a Stormwater Utility and authorizes the establishment of a fee in connection therewith.
The Town is acting under the authority contained in § 4-204(d) of the Environment Article of the Annotated Code of Maryland and § 2(b)(17) of Article 23A of the Annotated Code of Maryland.
Those elements of the Stormwater Utility which provide for the management of stormwater and the improvement of stormwater quality are of benefit to all real property within the Town, including property not presently served by said Stormwater Utility.
The costs of operating and maintaining the Stormwater Utility and financing land acquisition, necessary repairs, replacement, improvements, and extension thereof should, to the maximum extent practicable, be allocated in direct relationship to the contributions to the demand for stormwater management services.
The fees established herein bear a reasonable relationship to the service provided by the Town's Stormwater Utility.
The area of impervious surfaces on each property is the most important factor influencing the cost of the stormwater management services, systems and facilities provided by the Town of Denton or to be provided by the Town of Denton in the future, and the area of impervious surfaces on each property is therefore the most appropriate parameter for calculating a periodic Stormwater Utility fee.
The existence of privately owned and maintained on-site or off-site systems, facilities, activities, or assets which significantly reduce or otherwise mitigate the impact of a particular property on the Town of Denton's Stormwater Utility's cost of providing stormwater management services and/or stormwater management systems and facilities should be taken into account to reduce the Stormwater Utility fee on that property either in the form of a direct reduction or credit, and such reduction or credit should be conditional upon continuing provision of such services, systems, facilities, activities, or assets in a manner complying with the standards and codes as determined by the Town Board and as set forth herein.
It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare, and convenience of the Town to collect charges from users of the Town's stormwater collection system to fund the management and maintenance of its stormwater collection system, including reinvestment, maintenance, improvement of existing infrastructure, construction of state-of-the-art infrastructure and other improvements to the system that will reduce urban nonpoint source pollution in stormwater runoff consistent with federal and state regulations.
The operation, management, and control of the Stormwater Utility is vested in the Denton Utility Commission pursuant to § 8-1 et seq. of the Code. All records of the Stormwater Utility shall be kept by the Town Clerk in the Town Hall or other officially designated place.
The rules, regulations and rates hereinafter set forth shall be considered part of the regulations applicable to every property in the Town. Said rules, regulations, and rates may be changed from time to time as determined by the Town Council, and the right is reserved to make special rates and contracts in all proper cases.
The Town Council shall place within the Denton Utility Commission the responsibility for operation, maintenance, and regulation of the existing stormwater management services, systems, and facilities previously performed, owned and operated or maintained by the Town of Denton, and other related assets, including, but not limited to, properties, other than road rights-of-way, upon which such stormwater management systems and facilities are located, easements, rights-of entry and access, and certain equipment used solely for stormwater management. This responsibility shall be placed with the Denton Utility Commission as the Town Council has determined that the Denton Utility Commission has been sufficiently organized, staffed and funded adequately to carry out such responsibilities.
The cost of any convenience or public improvement provided by the Stormwater Utility and not paid for by special assessment shall be paid from the Stormwater Utility fund under Subsection E.
The costs shall be spread over the customer classifications as determined by the Town Council.
Unless this chapter specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
- DEVELOPED PROPERTY
- Real property which has been altered from its natural state by the addition of any improvements, such as a building, structure, or impervious surface.
- DWELLING UNIT
- A single unit or apartment providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
- EQUIVALENT IMPERVIOUS UNIT (EIU)
- The statistical average amount of horizontal impervious area per single-family property. Of the 75 selected single-family properties within the Town on the date of adoption of this chapter, one EIU equals 4,125 square feet. The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways, and sidewalks.
- EXTENSION AND REPLACEMENT
- All costs of extension, addition, and capital improvements to the system, the renewal and replacement of capital assets, or purchase and installation of new equipment for the system, or land acquisition for the system, or any related costs thereto, or payment for extraordinary maintenance and repair, including the costs of construction, or any other expenses which are not costs of operation and maintenance.
- IMPERVIOUS AREA or IMPERVIOUS SURFACE
- A horizontal surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by rainwater. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, gravel, as well as streets, roofs, sidewalks, parking lots, and other similar surfaces.
- MOBILE HOME
- A single residential unit (mobile home) within a mobile home park.
- A residential property with two or more dwelling units.
- Any developed property not used, primarily, as a permanent residence, such as an agricultural, commercial, or industrial property, or an institutional property (schools, churches, hospitals, fraternal organizations, parks, municipal facilities, etc.).
- OPERATING BUDGET
- Estimated revenues and the estimated costs for operations and maintenance, extension, and replacement of the system for each fiscal year.
- OPERATION AND MAINTENANCE
- The current expenses, paid or accrued, of operation, maintenance, and current repair of the system, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be in accordance with sound accounting practice.
- The user fee charged on each EIU. The rate is determined by the Town Council for each fiscal year.
- SINGLE-FAMILY or SINGLE-FAMILY PROPERTY
- A property with exactly one dwelling unit.
- STORMWATER SYSTEM or SYSTEM
- The existing stormwater collection system of the Town and all improvements thereto which by this chapter are constituted as the property and responsibility of the Town to be operated as an enterprise to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quality and quantity of discharge from such system.
- STORMWATER UTILITY
- The operation of the Denton Utilities Commission to collect fees for the maintenance, operation, improvement, and enhancement of the Town's stormwater system.
- The Town of Denton.
- TOWN COUNCIL
- The Mayor and Council of Denton.
- UNDEVELOPED LAND
- Any real property with no impervious area and no quantifiable impact to the Town's stormwater system.
- USER FEE
- The charge established by the Town Council on developed property in the Town to pay for operations and maintenance, and extension and replacement for the stormwater system.
The user fees hereunder shall generate adequate annual revenues to pay costs for the construction needs, operation, and maintenance of current and future stormwater facilities, the cost of capital improvements to the Town stormwater system, including the costs of street sweeping, water quality protection, permits, administrative costs, and all other costs and expenses related to stormwater management in the Town.
Fiscal year-end balances in the account shall be carried over to the same account in the subsequent fiscal year and shall be used for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the Stormwater Utility shall be returned to their respective accounts upon appropriated adjustment of the user fee rates. The user fee rate shall be adjusted such that the transferred monies will be returned to their respective accounts within the fiscal year following the fiscal year in which the monies were borrowed.
User fee. The Town Council shall require that adequate revenues are generated through user fees to provide for a balanced operating budget. The Town Council hereby authorizes the imposition of user fees on all developed property in the Town.
Rates. The Town Council will establish rates by resolution. All rates established by the Town Council will be fair and reasonable and calculated to achieve a balanced operating budget for the system. Current rates will be on file in the office of the Town Clerk and Town Treasurer.
Rate schedule. The Town Council may, by resolution, establish a rate schedule for purposes of the imposition of the user fee. The rate schedule may consider the following classifications of developed property: single-family residential, multifamily residential, and nonresidential.
Minimum charge. The minimum EIU calculations for any customer other than undeveloped properties shall be not less than the rate of 1/2 of one EIU.
New construction. For all classifications other than single-family residential, the construction of new or expanded buildings, driveways, or other structures shall be subject to an increase in the number of EIUs assigned to a lot or parcel. The Town shall recalculate the number of EIUs upon completion of new construction.
The Town Council may pass an ordinance to designate certain areas of the Town to be subject to fees for the Stormwater Utility as pilot programs prior to the Town's implementation of the Stormwater Utility throughout the corporate boundaries of the Town.
All user fees established hereunder shall be a lien upon the property served pursuant to § 2(b)(17) of Article 23A of the Annotated Code of Maryland.