[HISTORY: Adopted by the City of Isanti as indicated in article
histories. Amendments noted where applicable.]
[Adopted 11-19-2013 by Ord. No. 569]
The purpose of this article is to establish a stormwater drainage
utility to collect charges to finance costs associated with the operation
and maintenance of the City's storm sewer system, and implementation
of mandated stormwater management programs and to assist in funding
stormwater system improvements. It has been further established that
the stormwater drainage utility will not be established for the purpose
of financing past debt or generating a return on investment for the
City.
A municipal stormwater utility is hereby established and shall
be operated as a public utility pursuant to Minn. Stat. § 444.075,
from which revenues will be derived subject to the provisions of this
article and Minnesota Statutes.
Unless the context clearly indicates otherwise, the following
words or phrases have the meanings given in this section:
The improvements to the stormwater system in areas not previously
served with lateral and trunk lines.
Includes direct and indirect costs as well as equipment costs
for repairs and cleaning. Cleaning includes catch basin and stormwater
pond cleaning, jetting, thawing pipes, street sweeping and any other
operation which assures a dependable drainage system. It shall also
include the City's administrative and contracted services costs.
The improvements made to the stormwater drainage system in
areas previously served with lateral and trunk lines, and stormwater
basins.
Administrative costs include all engineering and legal costs
associated with operation of the stormwater drainage utility system.
Also included shall be periodic planning and engineering studies which
shall determine the adequacy and condition of the stormwater drainage
system.
Land which has been platted. Undeveloped land is any land
which has not been platted.
A.Â
Equivalent residential unit. Rates and charges for the use and availability
of the stormwater drainage system are to be determined through the
use of an equivalent residential unit (ERU). "One ERU" is defined
as the average impervious area of a one-hundred-parcel random sample
of R-1 Zoned development lots. One ERU was found to equal 3,765 square
feet. Calculations for the ERU for each parcel in the City are included
in a Stormwater Utility Roll, as prepared by the City Engineer and
approved by the City Council, based on land uses listed below in this
section. (See Appendix B.[1])
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B.Â
Stormwater drainage fees and rate. Stormwater drainage fees for each
land parcel shall be determined in accordance with the Stormwater
Utility Roll. The stormwater ERU rate shall be evaluated on an annual
basis in the same manner as for other utilities and adopted by the
City Council. (See Appendix A.[2]) The ERU values for the various land uses are as follows:
[Amended 7-20-2021 by Ord. No. 763]
(1)Â
Residential lots. Developed residential lots shall be assigned 1.0
ERU.
(2)Â
Nonresidential lots. Nonresidential lot ERUs shall be calculated
by measuring the actual impervious area on said lot divided by 3,765
square feet (1 ERU), with a minimum value of 0.25 ERU to be assigned
to any single parcel.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)Â
Undeveloped land. Undeveloped commercial and industrial land shall
be calculated at 0.15 ERU per acre of undeveloped land, with a minimum
value of 0.25 ERU to be assigned to any single parcel.
(4)Â
Undeveloped platted residential lots. Each undeveloped platted residential
lot shall be assigned a value of 0.25 ERU.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.Â
Other land uses. Other uses not listed in this section shall be classified
by the City Engineer, assigning them to the most-similar class from
the standpoint of probable hydrologic response.
D.Â
Exemptions. Public rights-of-way and public waters shall be exempt
from stormwater utility fees.
A.Â
Stormwater
utility charges shall be computed and billed periodically with, and
included as a charge on, bills issued on behalf of the City for water
and sewer services. If a parcel of land subject to the stormwater
utility is not served by other utilities, a separate bill shall be
issued on a monthly or other periodic basis, at least once a year.
B.Â
Penalties and remedies for delinquencies.
(1)Â
All stormwater utility charges shall be due on the date specified by the City for the respective amount and shall be delinquent thereafter. Unpaid bills shall accrue interest at the rate of 1.5% per month, with a minimum penalty of $5 for unpaid balances over $10. The late charge will be added to the bill effective the fifth day after the date the statement for such charges is issued (the due date). Payment plans for delinquent accounts shall be in accordance with City Code § 262-5F.
[Amended 7-20-2021 by Ord. No. 763]
(2)Â
Pursuant to Minn. Stat. § 444.075, the Finance Director
shall prepare an assessment roll each year providing for assessment
of any delinquent accounts against the respective properties served.
The assessment roll shall be delivered to the Council for adoption
on or before the regular City Council meeting in November of each
year for certification to the County Auditor for collection along
with taxes. The City shall also have the right to bring a civil action
or to take other legal remedies to collect unpaid delinquent accounts.
If a property owner or person responsible for paying for the
stormwater utility fee believes that a particular assigned fee or
ERU is incorrect, such person may request, in writing, that the fee
or ERU be recalculated. Such request shall be made within 30 days
of the mailing of the billing in question and shall immediately be
addressed by the Finance Director or City Engineer, as appropriate.
If the property owner is not in agreement with the City staff's determination
of the fee, he or she may appeal the determination in writing by making
a request for a hearing to the City Council within 14 days of the
staff's determination.
A.Â
Hearing. A hearing before the City Council shall be scheduled to
occur within 45 days of receiving the property owner's request for
a hearing. Notice of the hearing must be served on the property owner
at least 14 days in advance. Service of the notice shall be by first-class
mail and will be complete upon mailing. The property owner shall have
the burden of proving that the stormwater utility fee for his or her
property is incorrect. The decision of the City Council is final without
any further right of appeal. The property owner may obtain judicial
review of the decision of the City Council by proceeding pursuant
to a writ of certiorari in the appropriate court.
All fees collected for the stormwater utility shall be placed
in a fund for stormwater purposes. Revenues shall be used to pay for:
Should any section, subdivision, clause or other provision of
this article be held to be invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the article as a whole
or any part thereof other than the part held to be invalid.
To the extent that any provisions of this article are inconsistent
with the provisions of previous ordinances or resolutions, this article
controls.
This article shall take full effect and be in full force from
and after January 1, 2014.
