[R.O. 2013 §24-121; Ord. No. 8.421 (Bill No. 2049) §1, 6-2-2005; Ord. No. 8.421 (Bill No. 2207) §1, 2-15-2007]
For the purpose of this Article, the following definitions shall
apply; words used in the singular shall include the plural, and the
plural, the singular; words used in the present tense shall include
the future tense. The word "shall" is mandatory and
not discretionary. The word "may" is permissive.
Words not defined herein shall be construed to have the meaning given
by common and ordinary use as defined in the latest edition of Webster's
Dictionary.
Revenue or general obligation bonds, notes, loans or any
other debt obligations issued or incurred to finance the costs of
construction.
A permit issued by the Building Commissioner who permits
construction of a structure.
The City of Arnold, Missouri.
The Governing Body of the City.
All churches, places of worship and all other not-for-profit/tax
exempt entities.
Costs reasonably incurred in connection with providing capital
improvements to the system or any portion thereof, including, but
not limited to, the costs of
Acquisition of all property, real or personal, and all interests
in connection therewith including all rights-of-way and easements
therefore;
Physical construction, installation and testing, including
the costs of labor, services, materials, supplies and utility services
used in connection therewith;
Architectural, engineering, legal and other professional services;
Insurance premiums taken out and maintained during construction,
to the extent not paid for by a contractor for construction and installation;
Any taxes or other charges which become due during construction;
Expenses incurred by the City or on its behalf with its approval
in seeking to enforce any remedy against any contractor or subcontractor
in respect of any default under a contract relating to construction;
Principal of and interest of any bonds; and
Miscellaneous expenses incidental thereto.
With respect to any particular fiscal year and any particular
series of bonds, an amount equal to the sum of
Those portions of the system which have been accepted for
dedication by the City as provided in this Division.
The Public Works Director.
The average impervious area of single-family residential
developed property located within the City and as established by Council.
A fee charged on each ERU as established by the Council.
Public rights-of-way, public trails, public streets, public
alleys, public sidewalks, public parks, conservation areas and public
lands and/or easements upon which the public storm water management
system is constructed and/or located.
Costs of extensions, additions and capital improvements to,
or the renewal and replacement of capital assets of, or purchasing
and installing new equipment for, the system, or land acquisition
for the system and any related costs thereto, or paying extraordinary
maintenance and repair, including the costs of construction, or any
other expenses which are not costs of operation and maintenance or
debt service.
A twelve-month period commencing on the first (1st) day of
September of any year, or such other twelve-month period adopted as
the fiscal year of the City.
The number of square feet of hard surfaced areas which either
prevent or retard the entry of water into soil mantle, as it entered
under natural conditions as undisturbed property, and/or causes water
to run off the surface in greater quantities or at an increased rate
of flow from that present under natural conditions as undisturbed
property, including, but not limited to, roofs, roof extensions, patios,
porches, driveways, sidewalks, pavement and athletic courts.
All property owned by fire protection districts, educational
facilities, religious institutions and government or political subdivisions
recognized by the State of Missouri.
All property other than single-family residential property.
The Environmental Protection Agency's National Pollutant
Discharge Elimination System Phase II regulations that apply to the
City of Arnold.
The annual watershed stewardship program operating budget
adopted by the City for the succeeding fiscal year.
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
operations, and charges for the accumulation of appropriate reserves
for current expenses not annually incurred, but which are such as
may reasonably be expected to be incurred in accordance with sound
accounting practice.
Both the owner or owners of record of property as set forth
in the records of Jefferson County Recorder of Deeds.
A lot or parcel of real estate, whether public or private,
which is served by and/or benefits from the watershed stewardship
program.
The office of the County Property Appraiser.
All rates, fees, assessments, rentals, or other charges or
other income received by the program, in connection with the management
and operation of the system, including amounts received from the investment
or deposit of monies in any fund or account and any amounts contributed
by the City, all as calculated in accordance with sound accounting
practice.
Those numbers approved by the director that are used to estimate
the impervious area for each non-single-family classified property.
A list of the coefficients used for the City is found in the back
of this Article.
Property that is used for single-family detached dwelling
units.
The existing storm water management of the City and all improvements
thereto which by this Article are constituted as the property and
responsibility of the City, to be operated 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, over-drainage, environmental
degradation and water pollution or otherwise affect the quality and
quantity of discharge from such system. This includes, but is not
limited to, sewers, pipes, inlets, conduits and appurtenant features,
canals, creeks, channels, catch basins, ditches, streams, gulches,
gullies, flumes, culverts, siphons, retention or detention basins,
dams, flood walls, levies, floodplains and pumping stations.
The schedule of user charges authorized by Missouri law and
this Article, which is established to pay operations, maintenance,
extension and replacement and debt service.
The owner of property, or any person served by the system.
The program created by this Article to operate, maintain
and improve the storm water management system and for all other purposes,
as set forth in this Article.
[R.O. 2013 §24-122; Ord. No. 8.421 (Bill No. 2049) §2, 6-2-2005; Ord. No. 8.421 (Bill No. 2207) §2, 2-15-2007]
Pursuant to authority granted to the City of Arnold as a City
of the Third Class, the City of Arnold City Council does hereby establish
a watershed stewardship program and a storm water management system
and declares its intention to operate, construct, maintain, repair
and replace the public storm water management system and operate the
watershed stewardship program.
[R.O. 2013 §24-123; Ord. No. 8.421 (Bill No. 2049) §3, 6-2-2005; Ord. No. 8.421 (Bill No. 2207) §3, 2-15-2007]
A.
It is hereby found, determined, and declared that those elements
of the system which provide for the collection, treatment, and disposal
of storm water and regulation of ground water are of benefit and provide
services to all property within the incorporated City limits, including
property not presently served by the storm elements of the system.
The beneficiaries of the system include all real properties within
the City of Arnold that benefit by the provision, operation, and improvement
of the system. Such benefits may include, but are not limited to,
the provision of adequate systems of collection, conveyance, detention,
treatment, and release of storm water, the reduction of hazard to
property and life resulting from storm water runoff, improvement in
general health and welfare through reduction of undesirable storm
water conditions, and improvement to the water quality in the storm
and surface water system and its receiving waters.
B.
The City, under the direction of the Director of Public Works or
other authorized City personnel, shall have the power to:
1.
Prepare regulations as needed to implement this Article, and
forward the same to the City Council for consideration and adoption,
and adopt such procedures as are required to implement said regulations
or carry out other responsibilities of the watershed stewardship program;
2.
Administer the acquisition, design, construction, maintenance,
operation, extension and replacement of the system, including any
real and personal property that is, will become a part of, or will
protect the system;
3.
Administer and enforce this Article and all regulations and
procedures adopted relating to the design, construction, maintenance,
operation and alteration of the system, including, but not limited
to, the flow rate, volume, quality and/or velocity of the storm water
conveyed thereby;
4.
Implement and administer programs required by the City's
NPDES Phase II permit application, including, but not limited to,
public education and outreach, public involvement and participation,
illicit discharge detection and elimination, construction site storm
water runoff control, post-construction storm water management, good
housekeeping for municipal operations;
5.
Review plans concerning the creation, design, construction,
extension and replacement of the system and make recommendations to
the City Council;
6.
Staff and train a department dedicated to the watershed stewardship
program;
7.
Maintain all dedicated storm water facilities pursuant to policies
established from time to time by the City Council to prioritize the
use of monies from storm water user fees and other available funds
to meet the greatest needs in furtherance of the compliance of the
Federal Clean Water Act. The owner shall be responsible for storm
water facilities located on private property, and shall clean and
maintain the facility or channel as required to ensure proper operation;
8.
Accept the dedication of an existing storm water facility to
the City's system, provided that the City's final inspection
report made prior to the acceptance of dedication confirms that such
facility is located in public rights-of-way or easements granted to
and accepted by the City and which is not encroached upon, is intended
for public use, and meets the City's current policy on storm
water maintenance as provided in this Article;
9.
Assume inspection and maintenance of private storm water facilities
as necessary to determine the compliance of such systems with this
Article and any regulations adopted under this Article;
10.
Investigate and create neighborhood or recreational assets
out of storm water management facilities when possible;
11.
Advise the City Council, City Administrator and other City
departments on matters relating to the system and program;
12.
Prepare and revise a comprehensive storm water master plan
for adoption by the City Council periodically;
13.
Review plans, approve or deny, inspect, and accept extensions
to the system;
14.
Establish and enforce regulations to protect and maintain water
quality within the system in compliance with water quality standards
established by State, regional and/or Federal agencies as now adopted
or hereafter amended;
15.
Analyze the cost of services and benefits provided, and the
system and structure of fees, charges, fines, and other revenues of
the program annually.
[R.O. 2013 §24-124; Ord. No. 8.421 (Bill No. 2049) §4, 6-2-2005; Ord. No. 8.421 (Bill No. 2207) §4, 2-15-2007]
The City shall, as part of its annual budget process, adopt
an operating budget for the watershed stewardship program not later
than the first (1st) day of each fiscal year. The operating budget
shall set forth for such fiscal year the estimated revenues and the
estimated costs for operations and maintenance, extension and replacement
and debt service. The operating budget shall conform with State law,
City policy and generally accepted accounting practices.
[R.O. 2013 §24-125; Ord. No. 8.421 (Bill No. 2049) §5, 6-2-2005; Ord. No. 8.421 (Bill No. 2190) §5, 9-21-2006; Ord. No. 8.421 (Bill No. 2207) §5, 2-15-2007]
A.
Fee Established. Subject to the provisions of this
Article, there is hereby imposed on each and every single-family residential
property and non-single-family residential property, other than exempt
property, and the owners and non-owner users thereof, a storm water
user fee. In the event the owner and non-owner users of a particular
property are not the same, the liability for each the owner and non-owner
user for the user fee attributable to the property shall be joint
and several. The user fee shall be a monthly or annual service charge
and shall be determined by the provisions of this Article and shall
be established and changed from time to time by the Arnold City Council.
B.
User Fee For Single-Family Residential Property. Except as provided in Subsection (B) hereof, the user fee for single-family residential property shall be the ERU rate.
C.
User Charge For Non-Single-Family Residential Property.
1.
The user charge for all other property shall be the ERU rate
multiplied by the numerical factor obtained by multiplying the gross
area of a property by the runoff coefficient for that property and
dividing by the calculated ERU square footage. The minimum user fee
for any non-single-family residential property shall be equal to the
charge for one (1) ERU charge. In the event of newly developed non-single-family
residential property, the charge for the user fee attributable to
that development shall commence, or increase in the case of additional
development to property, upon the issuance of the certificate of occupancy
for such additional development, or in the event that no certificate
of occupancy will be issued for that development, or in the event
development has halted, then on the date that the director or the
director's designee determines in reasonable judgment that said
development is substantially complete or has been halted for at least
three (3) months.
2.
In the event of separately metered non-single-family residential property with joint users of common impervious areas, the director shall calculate and allocate the pro rata user charge among the users. Any owner or non-owner user disagreeing with the director's calculation or allocation may appeal such determination to the director as provided in Subsection (E).
D.
Impervious Surface Calculation.
1.
Non-single-family residential property in the City of Arnold shall have its gross square footage calculated and a runoff coefficient assigned based on the table below in order to establish the user fee provided by Subsection (A). The director or the director's designee shall make the initial calculation and may from time to time change this calculation from such information and data deemed pertinent by the director or the director's designee.
|
Typical Runoff Coefficients For Customer Classes
| ||
|---|---|---|
|
Class
|
Typical Range
| |
|
Single-family
|
Actual
| |
|
Multi-residential
|
0.60 — 0.75
| |
|
Commercial
|
0.60 — 0.95
| |
|
Industrial
|
0.50 — 0.90
| |
|
Institutions
| ||
|
Churches
|
0.28 — 0.38
| |
|
Governmental
|
0.28 — 0.38
| |
|
Non-profit hospitals
|
0.28 — 0.38
| |
|
Parks
|
0.10 — 0.25
| |
|
Schools
|
0.28 — 0.38
| |
|
Other
|
0.28 — 0.38
| |
|
Public facility
| ||
|
City
|
0.28 — 0.38
| |
|
Undeveloped land
|
0.10 — 0.30
| |
|
Parking
|
0.70 — 0.95
| |
|
Public utilities
|
0.28 — 0.38
| |
|
Streets
|
0.70 — 0.95
| |
E.
Appeal Of Impervious Surface Calculation And Administrative
Review. Any person disagreeing with the calculation of the
storm water user fee, as provided in this Section, may appeal such
determination to the director. Any appeal must be filed in writing
within sixty (60) days and shall include a survey prepared by a registered
surveyor or registered engineer showing total property area, impervious
area or non-single-family residential developed area, as appropriate.
The director may request additional information from the appealing
party. Based upon the information provided by the City and appealing
party, the director shall make a final calculation of the storm water
user fee. The director shall notify the parties, in writing, of the
director's decision. If still dissatisfied, a party may request,
in writing, a review by the City Administrator of the director's
decision. Such request must cite specific error by the director and
the calculation that the party feels is correct. Said appeal must
be filed within thirty (30) days of the director's appeal decision.
The City Administrator shall review the record presented and render
a written decision as soon as practical. The City Administrator may
request additional information from either party.
Any property subject to a fee may request adjustment by requesting,
in writing, administrative review by the City Administrator. The process
and criteria for administrative review shall be established by the
City Administrator and approved by the Mayor.
F.
ERU Square Footage. The ERU square footage is equal
to one thousand seven hundred fifty (1,750) square feet based on a
statistical analysis of existing single-family residential properties.
G.
ERU Rate. The ERU rate shall be equal to three
dollars ($3.00) per month per ERU.
H.
Credit Program. The director shall establish a
user fee credit program with the goal of encouraging practices and
behaviors that support City watershed objectives. Credits for up to
twenty (20) ERUs can be earned by non-residential property owners.
[R.O. 2013 §24-126; Ord. No. 8.421 (Bill No. 2049) §6, 6-2-2005; Ord. No. 8.421 (Bill No. 2207) §6, 2-15-2007]
A.
The user fee for metered property shall be billed and collected
quarterly with the quarterly utility bill for those properties utilizing
City utilities and billed and collected separately as a storm water
user fee for those properties not utilizing other City utilities.
All such bills for user fees shall be rendered quarterly by the Finance
Department. The user fees for those properties utilizing City utilities
is part of a consolidated statement for utility customers, which is
generally paid for by a single payment. In the event that a partial
payment is received, the payment shall be applied pro rata to each
account billed on the consolidated statement in the proportion that
an individual account bears to the total consolidated statement of
all current charges for all accounts. The user fee for unmetered property
also shall be billed quarterly. All bills for user fees shall become
due and payable in accordance with rules and regulations of the Finance
Department pertaining to the collection of the user fees.
B.
User fees shall be subject to a five percent (5%) per month, not
to exceed twenty-five percent (25%), late fee. The City shall be entitled
to recover attorney's fees incurred in collecting delinquent
user fees. Any charge due hereunder which shall not be paid when due
may be recovered in an action at law by the City of Arnold. In addition
to any other remedies or penalties provided by this or any other ordinance
of the City of Arnold, failure of any user of City utilities within
the City of Arnold to pay said fees promptly when due shall subject
such user to discontinuance of utility services and the Public Works
Director of the City, or the director's designee, is hereby empowered
and directed to enforce this provisions as to any and all delinquent
users. The employees of the City shall, at all reasonable times, have
access to any premises served by the City for inspection, repair or
the enforcement of the provisions of this Article.
C.
All user fees assessed pursuant to this Article shall be a lien
upon the property to which such fee is associated from the date said
fee becomes due until such fee is paid. The owner of every building,
premise, lot or house shall be obligated to pay the charge for all
service provided for his/her premises, which obligation may be enforced
by the City by action at law or suit to mortgages. In the event of
such action, the City shall be entitled to recover all court costs
and reasonable attorney fees for such collection. In the case that
a tenant in possession of any premises or buildings shall pay said
charges, it shall relieve the landowner from such obligation and lien;
but the City shall not be required to look to any person whatsoever
other than the owner for the payment of such charges. No changes of
ownership or occupation shall affect the application of this Article,
and the failure of any owner to learn that he/she purchases property
against which a lien for user fees exist shall in no way affect his/her
responsibility for such payment.
[R.O. 2013 §24-127; Ord. No. 8.421 (Bill No. 2049) §7, 6-2-2005; Ord. No. 8.421 (Bill No. 2207) §7, 2-15-2007]
It shall be the duty of the Public Works Department to administer
the storm water management user fee system. The department shall keep
an accurate record of all persons using the services and facilities
of said system of the City and to make changes in accordance with
the rates and changes established in this Article.
[R.O. 2013 §24-128; Ord. No. 8.421 (Bill No. 2049) §8, 6-2-2005; Ord. No. 8.421 (Bill No. 2207) §8, 2-15-2007]
A.
All storm water management user fees collected by the City shall
be paid into a separate fund which is hereby created to be known as
the "Watershed Stewardship Program Fund". Such fund shall be used
for the purpose of paying the costs of construction, operation, administration,
and maintenance of the system and to carry out all other purposes
of the program. To the extent that the storm water management user
fees collected are insufficient to construct, operate, and maintain
the needed system, the cost of the same may be paid from such City
funds as may be determined by the City Council, but the City Council
may order the reimbursement of such funds if additional charges are
thereafter collected. When the fund has surplus dollars on hand in
excess of current needs, the surplus dollars will be invested to return
the highest yield consistent with proper safeguards.
B.
The fees and charges paid shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof. Other than as described above, the fees and charges shall be used solely for the purpose stated in Subsection (A) of this Section.
[R.O. 2013 §24-129; Ord. No. 8.421 (Bill No. 2049) §9, 6-2-2005; Ord. No. 8.421 (Bill No. 2207) §9, 2-15-2007]
Should any part of this Article be declared invalid by a court
of competent jurisdiction, the remaining portions hereof shall not
be affected and shall remain in full force and effect.
