A.
The City of Colonial Heights has a system of manmade and natural
components of a stormwater management infrastructure to both limit
and manage the volume of stormwater to mitigate flood events and to
minimize degradation of the City's waterways through stormwater
quality management.
B.
Stormwater runoff is associated with all improved properties in the
City, whether residential or nonresidential, and the individual property
impacts of runoff are directly related to the amount of impervious
surface on the property and land-disturbing activities on property.
C.
The elements of the stormwater management infrastructure provide
benefit and service to properties within the City through direct protection
of property, through mitigation of flooding of critical components
of the infrastructure, through protection of the City's natural
environment and through protection of public health and safety.
D.
The costs of monitoring, operating, maintaining, and constructing
the stormwater system required in the City, both to meet new regulations
and to address identified flood event needs, should therefore be allocated,
to the extent practicable, to all property owners based on their runoff
contribution to the stormwater management system.
The following words and terms used in this article shall have
the following meanings:
Land used for the tilling, planting or harvesting of agricultural,
horticultural or forest crops or land used for raising livestock.
Developed property containing more than one residence or
dwelling units, and accessory uses related to but subordinate to the
purpose of providing permanent dwelling facilities. Such property
shall include duplexes, triplexes, quadruplexes, townhouses apartments
and condominiums.
Developed property which does not serve a primary purpose
of providing permanent dwelling units. Such property shall include,
but not be limited to, commercial properties, industrial properties,
parking lots, recreational and cultural facilities, hotels, offices
and churches.
Real property which has been altered from its "natural" state
by the addition of any improvements such as buildings, structures,
or other impervious surfaces. For new construction, property shall
be considered developed pursuant to this subsection upon certification
of the final building permit inspection.
A developed lot or parcel containing one residence or dwelling
unit, and accessory uses related to but subordinate to the purpose
of providing permanent dwelling facilities. Such property shall include
houses and mobile homes.
The equivalent impervious area of a developed single-family
residential property per dwelling unit located within the City based
on the statistical average horizontal impervious area of a single-family
residence in the City. An equivalent residential unit (ERU) equals
2,656 square feet of impervious surface area.
The utility fee charged on an equivalent residential unit.
A surface which is compacted or covered with material that
is highly resistant to infiltration by water, including, but not limited
to, most conventionally surfaced streets, roofs, sidewalks, parking
lots, and other similar structures.
All rates, fees, assessments, rentals or other charges or
other income received by the utility, in connection with the management
and operation of the system, including amounts received from the investment
or deposit of moneys in any fund or account and any amounts contributed
by the City, fees-in-lieu-of provided by developers or individual
residents, and the proceeds from sale of utility bonds.
The stormwater management infrastructure and equipment of
the City and all improvements thereto for stormwater control in the
City. Infrastructure and equipment shall include structural and natural
stormwater control systems of all types, including, without limitation,
retention basins, sewers, conduits, pipelines, pumping and ventilation
stations, and other plants, structures, and real and personal property
used for support of the system. The system does not include privately
owned farm ditches and other private drainage systems.
The enterprise fund created by this section to operate, maintain
and improve the City's stormwater management system.
Any parcel which has not been altered from its natural state
to disturb or alter the topography or soils on the property in a manner
which substantially reduces the rate of infiltration of stormwater
into the earth.
The monthly service charges based upon the ERU rate applied to property owners or occupants, including condominium unit owners or tenants (when the tenant or occupant is the party to whom water and sewer service is billed) of developed residential property, developed multi-family residential property and developed nonresidential property, all as more fully described in § 245-23.
A.
The stormwater management utility is established to provide for the
general welfare, health, and safety of the City and its residents.
B.
The utility shall deposit in a separate ledger account all revenues
collected pursuant to this section. The funds deposited shall be used
exclusively to provide services and facilities related to the stormwater
management system. The deposited revenues may be used for the following:
(1)
Acquisition of real or personal property, and interest therein necessary
to construct, operate and maintain stormwater control facilities;
(2)
The cost of administration of such programs, to include the establishment
of reasonable operating and capital reserves to meet unanticipated
or emergency requirements of the utility;
(3)
Engineering and design, debt retirement, construction costs for new
facilities, and enlargement or improvement of existing facilities;
(4)
Facility maintenance;
(5)
Monitoring of stormwater control devices; and
(6)
Pollution control and abatement, consistent with City, state and
federal regulations for water pollution control and abatement.
[Amended 6-12-2018 by Ord. No. 18-21]
A monthly $4 fee shall be charged to provide for a balanced
operating or capital improvement budget, or both, for maintenance
and/or improvement of the stormwater management system. The monthly
fee shall be charged to owners of all developed property in the City;
provided, however, where a tenant or occupant is the person to whom
water or sewer service, or both, are billed, the utility fee may be
charged to such tenant or occupant.
A.
The monthly $4 fee referenced in the preceding paragraph has been
established by classifying all properties in the City into one of
the following classes:
B.
The monthly utility fee for developed single-family residential property
shall equal the ERU rate.
C.
The monthly utility fee for developed multi-family residential property
shall be the ERU rate multiplied by the number of residences or dwelling
units located on the lot or parcel.
D.
The monthly utility fee for developed nonresidential property shall
be the ERU rate multiplied by the numerical factor obtained by dividing
the total impervious surface area of a developed nonresidential property
by one ERU (2,656 square feet). The numbered factor will be rounded
to the nearest tenth of a unit. The minimum utility fee for any developed
nonresidential property shall equal the ERU rate.
E.
The utility fee for vacant developed property, both residential and
nonresidential, shall be the same as that for occupied property of
the same class.
F.
Undeveloped property shall be exempt from the utility fee.
G.
Agricultural property shall be exempt from the utility fee. Provided
however, each developed residential unit situated on a parcel devoted
to agricultural use shall be charged a fee equal to the ERU rate.
A.
The utility fee is to be paid by the owner of each lot or parcel subject to the utility fee; provided, however, where a tenant or occupant is the person to whom water or sewer service, or both, is billed, the utility fee may be charged to such tenant or occupant. In any case in which a tenant or occupant fails to pay utility fees, the delinquent utility fees shall be collected from the owner of the property. All properties, except undeveloped property, shall be rendered bills or statements for stormwater services. Such bills or statements may be combined with water and sewer bills levied pursuant to Chapter 238, Sewers and Sewage Disposal, and Chapter 277, Water, provided that all charges shall be separately stated. The combined bill shall be issued for one total amount. The Director of Finance is hereby authorized and directed to create policies and procedures for the efficient billing and collection of the combined bill, including a policy for allocating payments to the separate charges stated on the combined bill.
B.
The bills or statements shall include a date by which payment shall
be due. All bills for charges prescribed by this article shall be
due and payable 30 days from the date of the bill and shall be deemed
delinquent if not paid in full within such time.
C.
Any bill which has not been paid by the due date shall be deemed
delinquent and the account shall be collected by any means available
to the City. Notice to the owner shall be provided in every case when
stormwater charges incurred by a tenant or occupant become more than
90 days delinquent. All payments and interest due may be recovered
by action at law or suit in equity. Unpaid fees and interest accrued
shall constitute a lien against the property, ranking on a parity
with liens for unpaid taxes. Records of all unpaid fees and interest,
indexed by the name of the record owner of the real estate, shall
be maintained in the City Treasurer's Office.
D.
In the event charges are not paid when due, interest thereon shall
commence on the due date and accrue at the rate of 10% per annum until
such time as the overdue payment and interest is paid.
E.
When developed properties are brought into the utility, fees will
accrue commencing with the release of the final plumbing inspection
for the property. In the absence of a plumbing inspection, utility
fees will accrue commencing with release of the final building inspection
for the property. A bill will be issued in the next billing cycle
and will be prorated for the number of days in which service was provided.
F.
In the event of alterations or additions to developed multi-family
property or developed nonresidential property which alter the amount
of impervious surface area, the utility fees will be adjusted upon
release of the final plumbing inspection. In the absence of a plumbing
inspection, utility fees will be adjusted upon release of the final
building inspection. A bill will be issued in the next billing cycle
and will be prorated for the number of days in which service was provided.
A.
Full waiver of the utility fee shall be provided to properties owned
by federal, state, and local government agencies when those agencies
own and provide for maintenance of storm drainage and stormwater control
facilities.
B.
Any owner, tenant or occupant who has paid his utility fees and who
believes his utility fees to be incorrect may submit an adjustment
request to the City Manager or his designee. Adjustment requests shall
be made in writing setting forth, in detail, the grounds upon which
relief is sought. The responsibility for providing information that
supports a change to the stormwater fee lies solely with the property
owner. Any dispute of the impervious area determined for a property
must be proven using drawings and measurements certified and sealed
by a licensed engineer or Class B surveyor. Response to such adjustment
requests, whether providing an adjustment or denying an adjustment,
shall be made to the requesting person by the City Manager or his
designee within 60 days of receipt of the request for adjustment.
C.
The City may provide a system of credits to reduce utility fees for
properties on which stormwater control measures substantially mitigate
the peak discharge or runoff pollution flowing from such properties
or substantially decrease the City's cost of maintaining the
stormwater management system. The Department of Public Works will
develop written policies to implement the credit system.
(1)
No credit will be authorized until the City Council approves written
policies to implement the system of credits; a copy of the approved
policies shall be on file with the City Clerk. The City's policies
may make credits retroactive to the date utility fees were initiated.
Any bill charges requiring adjustments must be applied through the
utility billing system. No credit will be granted for more than three
past years. Nothing shall prevent the City Council from modifying
the adopted system of credits, and such modifications may apply to
holders of existing credits.
(2)
Each credit allowed against the utility fee is conditioned on the
continuing operation and functioning of the stormwater control measure
as designed; credited stormwater control measures must comply with
all applicable laws, ordinances and regulations, and credits may be
rescinded for noncompliance with these standards.
(3)
Each credit for which a customer applies shall be subject to review
and approval by the City Manager or his designee. The City Manager
may approve or reject any application for a credit in whole or in
part.
(4)
Credits shall only be applied to developed lands containing the credited
stormwater control measure.
A.
The City shall be responsible only for the portions of the drainage
system which are in City maintained street rights-of-way and permanent
storm drainage easements conveyed to and accepted by the City. Repairs
and improvements to the drainage system shall be in accordance with
established standards, policies, and schedules.
B.
The City's acquisition of permanent storm drainage easements
and/or the construction or repair by the City of stormwater control
measures and drainage facilities does not constitute a warranty against
stormwater hazards, including, but not limited to, flooding, erosion,
or standing water.
The provisions of this article shall be deemed severable; and
if any of the provisions hereof are adjudged to be invalid or unenforceable,
the remaining portions of this article shall remain in full force
and effect and their validity unimpaired.
