[HISTORY: Adopted by Common Council of the City of Ithaca 8-6-2014 by L.L. No.
3-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Public Works.
The scaling factor that shall be applied in the calculation
of stormwater user fee credits. For structures or practices that,
as determined by the Superintendent, are anticipated to provide:
A lot which has an impervious surface area greater than or
equal to 25% of an equivalent residential unit.
The average amount of impervious surface area on a residential
property in the City, as determined by the Common Council.
Any surface on a lot that, because of the surface's
composition or compacted nature, impedes or prevents natural infiltration
of water into the soil, including, but not limited to, roofs, solid
decks, driveways, patios, sidewalks (other than public walks located
in the City's right-of-way), parking areas, tennis courts, concrete,
asphalt, or crusher/run streets or paths, or compacted gravel or dirt
surfaces, as determined by the Department of Public Works.
As recorded or calculated by the Department of Public Works,
the number of square feet of horizontal surface on a lot covered by
an impervious surface.
Lot or parcel of land, as set forth by the current City of
Ithaca Tax Maps on file with the Tompkins County Department of Assessment.
All developed lots other than residential lots.
The property type classification code, as defined by the
New York State Office of Real Property Services in the Assessors'
Manual, assigned to a lot by the Tompkins County Department of Assessment,
as may be updated by that Department from time to time.
The owner of a lot as shown on the Tompkins County tax records.
A developed lot with a Property Class Code of 210, 215, 220,
230, 240, 250, or 270, or substantially identical successor designations.
The runoff from all forms of precipitation that travels over
natural or developed surfaces to the nearest stream, other conduit,
or impoundment and appears in lakes, rivers, ponds, or other bodies
of water.
The City program for protection of stormwater quality and
for the partial control and conveyance of stormwater, including, but
not limited to: public education; monitoring, removing, and regulating
stormwater pollutants; other activities described in the City's
New York SPDES permit; mapping; planning; regulating, reviewing and
inspecting private stormwater infrastructure; operating, constructing,
improving, cleaning, and maintaining the City's Stormwater System;
and any and all expenses deemed reasonably necessary to the management
of stormwater within the City in the judgment of the Superintendent
of Public Works, as instructed from time to time by the Board of Public
Works, including but not limited to the payment of debt principal
and debt service, and the establishment of a reserve fund, to pay
for these services.
The system of natural and constructed conveyances for collecting
and transporting stormwater, including but not limited to lakes, ponds,
rivers, perennial, intermittent, and/or channeled streams, connected
wetlands, open ditches, catch basins and other inlets, pipes, sewers,
drains, culverts, and created stormwater management facilities that
provide partial treatment by passive means such as wet detention ponds,
detention basins, and stormwater wetlands.
The fee charged for costs incurred by the City in providing
stormwater services.
The Superintendent of Public Works, or his or her designee.
As determined by the Superintendent, the calculated effectiveness,
expressed as a percentage of total possible effectiveness of an ideal
stormwater management practice or structure, of a stormwater management
practice or structure designed to remove a desired component through
quality treatment, quantity attenuation, or both, as applicable.
The monthly user fee rate for residential lots is $4.75;
for nonresidential lots it is $7.25.
[Added 12-12-2018 by L.L. No.
2018-06]
A.
Each developed lot in the City shall be subject to a monthly stormwater user fee equal to the product of the applicable user fee rate and the number of ERUs of impervious surface area on the lot as calculated below, less any credits for the lot approved by the Superintendent pursuant to § 283-3.
[Amended 12-12-2018 by L.L. No.
2018-06]
(1)
Every residential lot, and each nonresidential lot with an impervious
surface area less than or equal to one ERU, shall be deemed to have
an impervious surface area equal to one ERU.
(2)
The number of ERUs of impervious surface area on a nonresidential
lot with an impervious surface area greater than one ERU shall be
calculated by dividing the lot's impervious surface area by the
value of one ERU, and rounding the result up to the nearest 1/4 of
an ERU.
C.
Measurement of impervious surfaces.
(1)
Any owner may file an application with the Superintendent contesting the calculation of impervious surface area on the lot as of the date of the application. The applicant must submit satisfactory evidence as required by the Superintendent, such as square footage measurements and descriptions of the relevant buildings or materials. For applications submitted prior to July 1, 2015, any approved changes in calculations will take effect retroactive to January 1, 2015. For all other applications, any approved changes in calculations will take effect on the first day of the billing period beginning after the application was submitted, even if retroactive as of date of approval; no refunds or credits shall be granted for amounts billed prior to submission of the application. The applicant may appeal the determination of the Superintendent as set forth in § 283-5A.
(2)
The Superintendent shall endeavor to update the Impervious Surface
data in the City's geographic information systems at least once
every five years.
(3)
Upon close-out of any building permit under which the associated
documentation or other data indicates that at least 1/4 of an ERU
of impervious surface has been constructed upon a lot, the Director
of Planning and Development or authorized code enforcement personnel
shall provide to the Superintendent notice of the number of square
feet of impervious surface added, in net, to the lot, as indicated
on documentation associated with said permit, together with the applicable
tax lot number. The Superintendent shall thereafter update the data
in the City's geographic information systems to reflect the adjusted
impervious surface area on the lot.
A.
The stormwater user fee for a nonresidential lot shall be reduced
as provided herein if the Superintendent certifies that the lot is
eligible for one or more credits in accord with this section.
B.
Calculation of credits. The credit for a practice or structure shall
be the product of: the lot's stormwater user fee, the percentage
of the total impervious surface area on a lot mitigated by the practice
or structure, the practice or structure's credit rate, and the
practice or structure's treatment efficiency.
C.
Eligible practices. Credits are available for those stormwater management
practices or structures enumerated in a detailed list entitled "approved
stormwater user fee credits," maintained by the Superintendent, established
by resolution of the Board, and updated from time to time by additional
resolution of the Board on consultation with the Superintendent. Such
updates shall only be effective in conjunction with this chapter if,
at least 14 days before the Board finally votes on any such update,
the Superintendent provides to the Board and to the City Controller
an estimate of the probable annualized budget impact of such updates
upon the stormwater account maintained by the City Controller.
D.
Review criteria. An engineered structure or practice that provides
quality treatment and/or quantity attenuation shall be considered
by the Superintendent using the criteria set forth herein.
(1)
The proposal must demonstrate that the practice will provide a quantifiable
treatment and/or runoff control benefit to the site through engineered
design principles.
(2)
The watershed subcatchment leading to the practice must be clearly
defined including the area, amount of impervious cover, flowpath,
and existing and proposed land use.
(3)
The credit for a structure will be prorated based on that structure's
treatment efficiency. For example, the credit for an otherwise-qualifying
structure that is designed for 10% water quality volume treatment
efficiency will be reduced by 90%, as compared with a structure designed
for 100% efficiency.
(4)
Designs must follow the New York State Department of Environmental
Conservation's Stormwater Management Design Manual guidelines,
as amended or replaced by substantially identical guidelines.
E.
Administration of credits.
(1)
In order to obtain a credit, an owner must apply in a form satisfactory
to the Superintendent.
(2)
If an application is approved by the Superintendent, the resulting
reduction in the stormwater user fee shall take effect with the beginning
of the next billing period that begins at least 30 days after the
application was approved. The Superintendent shall have the discretion
to make the credit retroactive to the next billing period beginning
after the application was submitted if the interests of justice so
require. Unless otherwise specified, an approved credit shall continue
to be applied on each future bill so long as the lot continues to
be eligible for the credit; provided, however, that the Superintendent
shall cancel any credit for failure to provide the City with access
to inspect and confirm the lot's continuing eligibility for a
particular recurring credit.
A.
The City Controller shall create and maintain a dedicated stormwater
account separate from all other City accounts or funds. All stormwater
user fees, and any penalties or interest on such user fees, shall
be deposited into that account, and shall be used by the City solely
to provide stormwater services.
B.
Billing.
(1)
The City Chamberlain shall issue bills for stormwater user fees on
a quarterly basis, or another regular, periodic basis, not less regularly
than annually. The stormwater user fees may be billed on a combined
utility bill that contains other charges, including for water and/or
sewer service. Stormwater user fees that are shown on a combined bill
may be for a different service period than that used for other utility
services.
(2)
Bill recipient.
(a)
Single water and/or sewer account. For a lot associated with
only one water and/or sewer account, the City will bill the stormwater
user fee to the individual or entity receiving the utility bill for
such account. The owner may elect to receive the bill or redirect
the bill to a third party, with the third party's consent, by
executing and submitting a form provided by the City Chamberlain.
(b)
All other lots. For all other lots, the City will bill the stormwater
user fee to the owner on a separate utility bill. The Owner may elect
to redirect the bill to a third party, with the third party's
consent, by executing and submitting a form provided by the City.
(c)
In all cases, the owner is finally responsible for any unpaid
stormwater user fees, including penalties and/or interest.
(3)
If a lot is incorrectly billed, or not billed, or a bill is sent
to the wrong party, the City may backbill a property for a period
not to exceed two years.
(4)
The Superintendent, the City Controller, and the City Chamberlain
are authorized to develop billing forms, guidelines, and practices
not inconsistent with this section.
C.
Effect of nonpayment.
(1)
No certificate of occupancy or certificate of compliance shall be
issued by the Director of Planning and Development or authorized code
enforcement personnel for any building or structure located on a lot
if the stormwater user fee for such portion of the lot is in arrears.
(2)
The stormwater user fee shall be payable without penalty for 30 days
following the billing date. On all amounts unpaid at the expiration
of such period, 5% of the amounts unpaid shall be added and collected.
On all amounts remaining unpaid after 30 days following the expiration
of such period, and after each period of 30 days or portion thereof
thereafter, 1% of the amounts unpaid shall be added and collected,
up through and including October of each year.
(3)
Any uncontested portion of the stormwater user fee, with any added
penalty or interest, remaining unpaid on or before November 1 of any
year shall be listed as a separate item on the subsequent year's
City property tax bill. Fees which have been contested in a timely
manner and which have been determined by the Board to be due and payable
before November 1 of any year shall be similarly listed.
D.
The Board shall prescribe, in its discretion, a schedule of application
and/or inspection fees to be charged in connection with this chapter.
Such fees shall be deposited in the stormwater account.
A.
Any applicant aggrieved by the Superintendent's determination pursuant to §§ 283-2C(1) or 283-3E may appeal such decision to the Board at an open meeting thereafter. Such appeal must be in writing and explain why the Superintendent's decision should be reversed. The applicant may present evidence to the Board at the open meeting at which the appeal is considered, but such evidence must be limited to the matters stated in the written appeal.
B.
Whenever any stormwater user fee charged under the provisions of
this section shall be set aside or shall be decided by any court having
jurisdiction thereof to have been improperly or illegally charged
or whenever it shall be ascertained that the proceedings under which
said fee has been issued shall have been so far irregular and erroneous
as to make the collection of such fee illegal, then the City Chamberlain
is authorized to issue a new fee with the same force and effect as
if it had been the original fee.
Nothing herein shall be construed to modify or alter any power
of the Common Council, Board of Public Works, Superintendent of Public
Works, Planning and Development Board, or Director of Code Enforcement
to require the construction, maintenance, or repair of privately maintained
stormwater infrastructure at the cost of the property owner as part
of site plan review or other applicable regulation.
