Loading...
HomeMy WebLinkAbout2740 Storm Drainage UtilityORDINANCE NO. AN ORDINANCE ADDING CHAPTER 4.27 TO THE ASHLAND MUNICIPAL CODE CONCERNING THE ESTABLISHMENT OF A STORM DRAINAGE UTILITY AND STORM DRAINAGE UTILITY FEES. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 4.27 is established in the Ashland Municipal Code and shall read as follows: Chapter 4.27 STORM DRAINAGE UTILITY Sections: 4.27.010 4.27.020 4.27.030 4.27.040 4.27.050 4.27.O60 4.27.070 4.27.080 4.27.O9O 4.27.100 4.27.110 4.27.120 Findings. Definitions. Storm Drainage Policy. Establishment of a Storm Drainage Utility. Establishment of a Storm Drainage Utility Fee. Storm Drainage Utility Fee--Dedicated. Billing for Fee. Enforcement. Administrative Review--Appeals. Notice of Decision. Exemptions. Discount for the Elderly. 4.27.010 Findings. A. The City provides a valuable public service by providing storm drainage facilities for the collection and disposal of storm water discharged from properties and public right- of-ways within the City. The storm drainage facilities constitute a public utility owned and operated by the City. The utility exists for the benefit of any person within the City who wants to have the public storm drainage facilities available for the diversion, collection and/or disposal of storm drainage and other runoff water from the person's property and represents a municipal service in a developed urban environment which is essential to the public health, safety and welfare. B. Persons who use the public storm drainage facilities ought to be charged fees that reflect the cost of the management, maintenance, extension and construction of the public storm drainage facility as a public utility in the City. Persons ought not be compelled to use this utility, nor to pay monthly utility fees, if the utility is not to be used by the person responsible. Persons who undertake the installation of runoff control facilities on their property that reduce or eliminate the discharge of storm water into public storm drainage facilities ought to be given credit, in proportion to the degree of reduction, against storm drainage utility fees that would otherwise be due. C. Accordingly, the structure of the storm drainage utility is intended to be a fee for service and not a charge against property. Although this structure is intended to constitute a service fee, even if it is viewed as a fee against property or against the person responsible, as a direct consequence of ownership of that property, the utility's fee structure should allow the person responsible to have the ability to control the amount of the fee. Similarly, the utility fee structure should reflect the actual cost of providing the service and not impose fees on persons not receiving a service. The actual costs may include all costs the utility might incur were it in private ownership. D. Persons using water from the City potable water facilities, City irrigation water facilities and/or the Talent Irrigation District irrigation facilities use substantial amounts of water for irrigating lawns and gardens, washing structures, sidewalks, driveways and parking lots, and for other activities which result in the discharge of runoff into the public storm drainage facilities. These uses of water demonstrate a substantial relationship between persons' use of these water facilities and their use of the public storm drainage facilities. 4.27.020 Definitions. Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter. A. Commercial or Industrial Unit shall be as defined in AMC 18.08 as "Commercial, or commercial use" and "Industrial, or industrial use". B. Development shall mean any constructed change to improved or unimproved property including, but not limited to, buildings or other structures, private storm drainage facilities, mining, dredging, filling, grading, paving, excavation or drilling operations. C. Director shall mean the City Director of Public Works/City Engineer or the person designated by the Director. D. Duplex shall be as defined in AMC 18.08 as "Dwelling, two family or duplex". E. Equivalent Residential Unit (ERU) shall mean an area which is estimated to place approximately equal demand on the public storm drainage facilities as defined in AMC 18.08 as "Dwelling, single family". One (1) ERU shall be equal to 3,000 square feet of impervious surface. F. Impervious Surfaces are those surface areas which either prevent or retard saturation of water into the land surface and cause water to run off the land surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Examples of impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks, walkways, patio areas, driveways, parking lots or storage areas and gravel, oil, macadam or other surfaces which similarly impact the natural saturation or runoff patterns which existed prior to development. G. Improved Property shall mean any area which has been altered such that the runoff from the site is greater than that which could historically have been expected. Such a condition shall be determined by the Director. H. Master Plan shall mean the "City of Ashland Drainage Master Plan" prepared by Kramer, Chin and Mayo, Incorporated, dated July 1985 including such amendments to such plan. I. Mobile Home Park shall be as defined in AMC 18.08 as "Mobile home court, park or subdivision". J. Multiple-family unit (MFU) shall be as defined in AMC 18.08 as a "Dwelling, multiple-family". K. Open Drainageway shall mean a natural or constructed path, ditch or channel which has the specific function of transmitting natural stream water or storm water from a point of higher elevation to a point of lower elevation. L. Person responsible shall mean the owner, agent, occupant, lessee, tenant, contract purchaser or other person having possession or control of property or the supervision of an improvement on the property. M. Runoff Control shall mean any measure approved by the Director that reduces storm water runoff from land surfaces on which development exists. N. Single Family Unit ($FU) shall be as defined in AMC 18.08 as "Dwelling, single- family" or individual units of "Condominiums". A SFU is presumed to have 3,000 square feet of impervious surface area for purposes of this chapter. The term SFU shall be inclusive of those units identified as detached single-family residences, unit ownerships, and condominiums, and etc. O. Storm Drainage Facilities shall mean any structure(s) or configuration of the ground that is used or by its location becomes a place where storm water flows or is accumulated including, but not limited to, pipes, sewers, gutters, manholes, catch basins, ponds, open drainage-ways and their appurtenances. Ashland Creek, Bear Creek, Wrights Creek, Nell Creek, Emigrant Creek, Hamilton Creek, Clay Creek, Tolman Creek, Roca Canyon Drainageway or creeks excluded by action of the Council are not storm drainage facilities. P. Storm Water shall mean water from precipitation, surface or subterranean water from any source, drainage and non-septic waste water. 4.27.030 Storm Drainage Policy. A. Council declares its intention to acquire, own, manage, construct, equip, operate and maintain within the City open drainageways, underground storm drains, equipment and appurtenances necessary, useful, or convenient for public storm drainage facilities. The Council also declares its intention to manage, maintain and extend existing public storm drainage facilities. B. The improvement of both public and private storm drainage facilities through or adjacent to a new development shall be the responsibility of the person responsible. The improvements shall comply with all applicable City ordinances, policies, standards and Master Plan. C. No portion of this ordinance or statement or subsequent Council interpretation or policies shall relieve the person responsible of assessments levied against their property for public facility improvement projects. D. It is the policy of the City to participate in improvements to storm drainage facilities when authorized by the Director. To be considered for approval by the Director, a storm drainage facility must: 1. be public; and 2. be a major benefit to the community; and 3. be located in or on a City property, City right-of-way or City easement; and diameter circular concrete pipe; 4. if a piped system, be a design equivalent to larger than a 24 inch and 3 5. be identified as a project in the Master Plan; or 6. be a rehabilitation and/or replacement of existing public storm drainage facilities. E. The City shall maintain public storm drainage facilities located on City property, City right-of-way or City easements. Public storm drainage facilities to be managed by the City include, but are not limited to; 1. open drainageways serving a drainage basin of at least 100 acres, when on City property, City right-of-way or City easement; 2. a piped drainage system and related appurtenances which has been designed and constructed expressly for use by the general public and accepted by the Director; 3. roadside drainage ditches along unimproved City streets; 4. flood control facilities (levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public and accepted by the City. F. Storm drainage facilities not to be maintained by the City include, but are not limited to: 1. storm drainage facilities not located on City property, City right-of-way, or City easement; 2. private parking lot storm drainages; 3. roof, footing, and area drainages; 4. drainages not designed and constructed for use by the general public; 5. drainage swales which collect storm water from a basin less than 100 acres that are not located on City property, right-of-way or easement; 6. access drive culverts; 7. those portions of streams or drainageways specified in AMC 4.27.010.O located on privately owned land; 8. ditches, swales, culverts and similar facilities owned and operated by the U.S. Bureau of Reclamation or the Talent Irrigation District. 4.27.040 Establishment of a Storm Drainage Utility. A Storm Drainage Utility is created for the purpose of providing funds for the management, maintenance, extension and construction of public storm drainage facilities within the City. Council finds, determines and declares the necessity of providing for the management, maintenance, extension and construction of City storm drainage facilities for its inhabitants. 4.27.050 Establishment of a Storm Drainage Utility Fee. A storm drainage utility fee shall be paid by each person(s) responsible and shall be established by resolution of the Council for commercial or industrial units, duplexes, mobile home parks, multiple family units, single family units and equivalent residential units. 1. Such fee shall be established in amounts which will provide sufficient funds to properly manage and maintain public storm drainage facilities. 2. Such fee may be used for the construction of new storm drainage facilities or for the extension of existing storm drainage facilities. 3. Council may from time to time by resolution, change the fees based upon revised estimates of the cost of properly managing, maintaining, extending and constructing public storm drainage facilities. 4. Credit will be allowed for runoff control measures. When approved by the Director, storm drainage utility fees may be reduced for a property where approved runoff control measures have been taken. A fee reduction shall be on a straight line basis with conditions existing on the date of the passage of this ordinance, being considered as starting or initial conditions. If the person responsible establishes, to the satisfaction of the Director, that all runoff from a property is disposed of without utilizing public storm drainage facilities either directly or indirectly, there will be no fees charged under the provisions of this chapter. 5. Property not used for single family dwelling purposes shall be considered to be furnished service in proportion to the amount of the properry's impervious surface, and that for each 3,000 square feet (or increment of 100 square feet) of impervious surface, the property is furnished service equivalent to that furnished a single family unit and that the minimum service charge shall be that established for a single family unit. 4.27.060 Storm Drainage Utility Fee--Dedicated. All fees collected for the purposes specified in this chapter shall be paid into the storm drainage accounts and accounted for by dedicated line items including, but not limited to, Storm Drainage Maintenance and Storm Drainage Construction. Such revenues shall be used for the purposes of the management, maintenance, extension and construction of public storm drainage facilities. 4.27.070 Billing For Fee. The fee shall be billed and collected with the monthly utility bill. All such bills shall be rendered monthly by the City and shall become due and payable in accordance with the rules and regulations of the City Department of Finance pertaining to the collection of utility fees. All fees collected will be placed in the storm drainage accounts as required by this chapter. 4.27.080 Enforcement. Any fee due which is not paid when due may be recovered in an action at law by the City. In addition to any other remedies or penalties provided by this or any other City ordinance, failure of any person responsible to pay fees promptly when due shall subject the person responsible to discontinuance of any utility services provided by the City and the City Administrator is empowered and directed to enforce this provision against such delinquent users. The employees of the City shall, at all reasonable times, have access to any improved property served by the City for inspection, repair, or the enforcement of the provisions of this chapter. 4.27.090 Administrative Review - Appeals. A. Any person responsible who disputes the amount of the fee, or disputes any determination made by or on behalf of the City pursuant to and by the authority of this chapter may petition the Council for a hearing on a revision or modification of such fee or determination. Such petitions may be filed only once in connection with any fee for determination, except upon the showing of changed circumstances sufficient to justify the filing of an additional petition. B. Such petitions, including all facts and figures, shall be submitted in writing and filed with the City Recorder at least 14 days prior to a hearing scheduled by the Council. The petitioner shall have the burden of proof. C. Within 30 days of filing of the petition, the Council shall make findings of fact based on all relevant information, shall make a determination based upon such findings and, if appropriate, modify such fee or determination accordingly. Such determination by the Council shall be considered a final order. 4.27.100 Notice of Decision. Every determination of the Council shall be in writing, and notice shall be mailed to or served upon the petitioner within a reasonable time from the date of such action. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this chapter. 4.27.110 Exemptions. The Council may, by resolution, exempt any class of user when the Council determines that the public interest deems it necessary or that the contribution to storm drainage facility use by the class to be insignificant. 4.27.120 Discount for the Elderly. Discounts applying to low income elderly persons for water, sewer and electric utility fees shall also apply to storm drainage utility fees. SECTION 2. Classification of the fee. The fee specified in Section 4.27.050 as set forth in Section I of this ordinance is classified as not subject to the limits of Section 11b of Article Xl of the Oregon Constitution (Ballot Measure No. 5). The foregoing ordinance was first READ by title only in accordance with Article X, Section 2(C) of the City Charter on the 19th day of July, 1994, and duly PASSED and ADOPTED this 2nd day of August, 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this ~,¢,e,~'day of August, 1994. Catherine M. Golden, Mayor A~roved as to form: Paul Nolte, City Attorney {c:\street\stmut194.ord)