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HomeMy Public PortalAboutOrd 598 Adop Chap 14 Art 3 of the Municipal Code Stormwater Utility(First published in The Ark Valley News on July 28, 2016.) ORDINANCE NO: 598 AN ORDINANCE CONCERNING THE ADOPTION OF CHAPTER 14, ARTICLE 3, OF THE MLINICIPAL CODE OF BEL AIRE, KANSAS,IN CONNECTION WITH THE ESTABLISHMENT OF A STORMWATER MANAGEMENT SYSTEM AND UTILITY, ALL WITHIN THE CITY OF BEL AIRE, SEDGWICK COLINTY, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. ESTABLISHMENT OF A STORMWATER MANAGBMENT SYSTEM AND UTILITY. 14-301. Definitions. In addition to the words, terrns and phrases defined elsewhere within this code, the following words, terms and phrases, as used herein, shall have the following meanings: "Bonds" means obligations of the City, for which the principal of and the interest on is paid in whole or in part from special assessments, user fees, sales tax, general ad valorem taxes, or any available City or Stormwater Utility revenues heretofore or hereafter issued to finance the Costs of Capital Improvements. "City" means the City of Bel Aire, Kansas. "City Manager" means the City Manager of the City or the City Manager's designee. "Costs of Capital Improvements" means costs incurred by the Stormwater Utility in providing capital improvements as part of the Stormwater Management Program, including, without limitation. alteration, enlargement, extension, improvement. construction, reconstruction, and development of the Public Storm Sewers, professional services and studies connected therewith; principal and interest on Bonds heretofore or hereafter issued, including payment of any delinquencies; studies related to the operation of the system; costs related to water quality enhancements, costs related to complying with federal, state or local regulations; acquisition of real and personal property by purchase, lease, donation, condemnation or otherwise; and for the costs associated with purchasing equipment, computers, furniture and all other items necessary or convenient for the operations of the of the Stormwater Utility. "Debt Service" means an amount equal to the sum of all interest payable on Bonds during any fiscal year or years, and any principal installments payable on the Bonds during such fiscal year or years. "Director" means the City Manager or the Manager's designee. "Dwelling Unit" means an enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one Family, as defined in Chapter 16, Article 4, of the Bel Aire Municipal Code. "Equivalent Residential Unit" or "ERU" means a unit of measure that is equal to the average Impervious Area per Dwelling Unit located on Residential Property within the Citv limits. "Equivalent Residential Unit Rate" or "ERU Rate" means the amount charsed for each ERU in calculating the Stormwater Utility User Fee. "Exempt Property" means public righrof-way, public trails, public streets, public alleys, public sidewalks, and public lands and/or easements in or upon which the Public Storm Sewers are constructed and/or located. "Fiscal Year" means a twelve-month period commencing on the first day of January of any year. "Governing Body" means the Goveming Body of the City. "lmpervious Area" means the total number of square feet of hard surface area on a given property that either prevents or retards the entry of water into the soil matrix, or causes water to run off the surface in greater quantities or at an increased rate of flow, than it would enter under conditions similar to those on undeveloped land. "lmpervious Area" includes but is not limited to, roofs, roof extensions, driveways, pavement and athletic courts. "Nonresidential Property" means all propeny other than Single Family Property. "Operating Budget" means the annual budget established for the Stormwater Utility for the succeeding Fiscal Year. "Operations and Maintenance" means, without limitation. the current expenses, paid or secured, by the Stormwater Utility, for operation, maintenance and repair and minor replacement of the Public Storm Sewers or for implementing the Stormwater Management Program, as calculated in accordance with generally accepted accounting practices, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses including professional services, equipment costs, labor costs, and the cost of materials and supplies used for current operations. "Public Storm Sewers" means all storm sewers within the City, and all appurtenances and ancillary structures thereto, which have been dedicated to and accepted by the City for ownership and maintenance or otherwise owned by the City. "Residential Property" means property used primarily for Single Family Dwelling Units. "Stormwater Management Program" means all aspects of work necessary to perform andprovide storm and surface water services in the City, including bui noi limited toadministration, planning, engineering, operations, maintenancel best managementpractices' control measures' public education, citizen participation, regulation andenforcement, protection, and capital improvement of Stormwater Management Systems,plus such expenses as reserves and bond debt service coverage as are associated withprovision of the stormwater Management program and/or System. "Stormwater Management System," means surface water and storm sewers and allappurtenances necessary in the maintenance, operation, regulation, and improvement ofthe same, including, but not limited to, pumping stations; enclosed storm sewers, outfallsewers; surface drains; street, curb and alley improvements associated with storm orsurface water improvements; natural and manmad'e wetlands; channels; ditches; rivers;streams; detention and retention facilities; and other flood control facilities and works fbrthe collection, conveyance, pumping, infiltration, treating, controlling, managing anddisposing of water carried pollutants or storm or surface water. "Sto.rmwater Utility" means the utility created by this ordinance for the purpose ofimplementing and funding the Stormwater Management program. "S.tormwater Utility User Fee" means a fee authorizedby charter ordinance No. lg andthis ordinance, charged to owners of property served and benefited by the StormwaterUtility, which shall be set, and may be updated or modified, through the city's FeeSchedule as approved by the Governing Body. "Undeveloped Land" means land that has not been built upon or altered from its naturalcondition in a manner that disturbed or altered the topography or soils on the propeny tothe degree that the entrance of water into the soil matiixls i.evented or retarded. t4-302.Findings and Statements of policy. A' The city of Bel Aire, Kansas, desires to create a Stormwater Management programpursuant to Charter Ordinance No. l g. provide both general and specific benefits toude the provision of adequate systems of treatment and release of stormwater; the Iting from stormwater runoff; improvement tion of undesirable stormwater conditions; gement System and its receiving for managing and mitigating the appropriate balancing between nvlronment. C. The Stormwater Management Program will also initiate innovative and proactive approaches to stormwater management within the City to address problems in areas of the City that currently are prone to flooding, protect against replication of these types of problems and the creation of similar problems in newly developing areas of the City,protect property in the City from stream bank erosion and the attendant loss of natural resources and the reduction of property values, conserve natural stream assets within theCity, enhance water quality, and assist in meeting the mandates of the National pollutant Discharge Elimination System as created under the Federal Clean Water Act and associated state and federal laws and their supporting regulations. D' Both standard and innovative stormwater management is necessary in the interest ofthe public health, safety and general welfare of the residents, businesses and visitors of the City. E. Implementation of the Stormwater Management Program will require the expenditure of significant amounts of public money. F. All property in the City will benefit from the Stormwater Management Program. G. The City desires to fairly distribute costs of the Stormwater Management program implementation among all developed property which generates the need therefor. H. The City has determined that the establishment of a Stormwater Utility is an appropriate method of funding certain portions of the costs of implementins the Stormwater Management Program. I. The City has adopted Charter Ordinance No. 18, which grants to the City the authority to adopt, by ordinance or resolution, rules and regulations providing for the management and operation of a Stormwater Utility, fixing Stormwater Utility User Fees, requiring security for the payment thereof, providing methods and rules relating to the calculationand collection of the fees and for credits against the fees, and providing for the disposition of the revenues derived therefrom. L. The Stormwater Utility User Fee imposed by this Ordinance, is calculated by a in relation to classes of property within the City in association with their anticipated impactupon stormwater management, and the use of or benefit from the StormwaterManagement System, and such fee is neither a tax nor a special assessment, but a charge(in the nature oftolls, fees or rents) for services rendered or available. M. The City has researched collection options and hereby determines that in order topromote efficiency, eliminate duplication of services, and utilize the most economically feasible method of fee collection, the Stormwater Utility User Fee shall be billed andcollected monthly with the monthly water and sewer utility bill for those propertiesutilizing other City utilities and shall be billed and collected separately at intervals as setby the Governing Body for those properties not utilizing other City utiiities. l4-303.Creation of a stormwater Management program; Establishment of aStormwater Utility. Pursuant to City Charter Ordinance No. 18, the City's general home rule authority, itsnuisance abatement authority, its police powers and all other authority, the Bel AireGoverning Body does hereby create a Stormwater Management Program and does herebyestablish a Stormwater Utility and declares its intention to op.rute the same. t4-304.Administration. The Director shall have the power to undertake the following activities to implement theStormwater Management pro gram : A' Advise the Governing Body on matters relating to the Stormwater ManagementProgram and to make recommendations to the Governing Body concerning the adoptionof ordinances, resolutions, policies, guidelines and relulations in furtherance of theobjectives of the Stormwater Management program B. To undertake studies, acquire data, prepare master plans, analyze policies or undertakesuch other planning and analyses as may be needed to address concems related tostormwater within the City and to further the objectives of the Stormwater ManagementProgram, and to undertake activities designed to communicate, educate and involve thepublic and citizens in addressing these issues or in understanding and abiding by theelements of the Stormwater Management program. C. Acquire, design, construct, operate, maintain, expand, or replace any element orelements of the Public Storm Sewers, including funding the acquiiition of Lasements byeminent domain, and obtaining title or easements other than by eminent domain, over anyreal or personal property that is parl of, will become part of or will protect the public Storm Sewers, or is necessary or convenient for the implementation of the Stormwater Management Program. D' Regulate, establish standards, review, and inspect the design, construction or operationand maintenance of any Stormwater Managemint System that is under the control ofprivate owners, whether or not such systems are requiied or intended for dedication to thePublic Storm Sewer system, when such system, huu. the potential to impact, enhance,damage' obstruct or affect the operation and maintenance of the public Storm Sewers orthe implementation of the Stormwater Management program. E' Regulate, establish standards, review and inspect land use or propeny owner activitieswhen such activities have the potential to affect the quantity, ti-ing,- velocity, erosiveforces, quality, environmental value or other characteristics of stormwater which wouldflow into the Stormwater Management System or in any way effect the implementationof the Stormwater Management program. F' Undertake any activities related to stormwater management when such activities arerecommended by applicable federal, state or local agencies or when such activities arerequired by any permit, regulation, ordinance, or staiute governing stormwater or waterquality concerns. G' Analyze the cost of services and benefits provided by the Stormwater Utility and thestructure of fees, service charges, credits, and other ,"u.nu., on an annual basis andmake recommendations to the Governing Body regarding the same. H' Undertake expenditures as required by the Governing Body to implement theseactivities, including- all Costs of Capital Improvements, operations and Maintenance,Debt Service, and other costs as required. r4-305.Budget. 14-306. The operating budget shall conforrn to State law, City policy and generally acceptedaccounting practices. The City. as part of its annual budget process, may adopt capitaland operating budgets for the Stormwater Utility, ana may utilize enierprise funds,special revenue funds or reserve funds as deemed reasonable and appropiiate by theGoverning Body of the City. The operating budget will commence in January of eachyear. Stormwater Utility User Fee. A' Fee Established. There is hereby imposed on each and every residential developedproperty and nonresidential developed property, other than property that is not servicedby the stormwater management system or exempt property, a stonnwater utility user fee.Such stormwater utility user fee may be determined-in association with the use of suchproperty: agricultural, residential, commercial. manufacturing or industrial. Thestormwater utility fees shall be set, and may be updated or modified. through the City'sFee Schedule as approved by the Governing Body. B. Stormwater utility user fee for Residential Developed property. In the event of a newly e for the stormwater utilityuser fee attributable to upon the issuance of thecertifrcate of occupancy tion is at least fifty percentcomplete and is halted that dwelling unit shall bedeemed complete for purposes of this Code and the stormwater utility user fee shallcommence at the end of the three-month period. C' Stormwater utility user fee for Nonresidential Developed property, other thanagricultural. In the event of a newly constructed utility user fee attributable to that commercial property, the charge for the stormwater property shall commence upon the issuance of the certificate of occupancy for that unit, or if construction is at least fifty percent complete and is halted for a period of three months, then that unit shall be deemed completi for purposes of this Code and the stormwater utility user fee shall commence at thi end of the three-month period. D' Agricultural Property; Exemptions. Real property zoned agriculture, and utilized for agricultural practices, generally maintains little area which is impervious to stormwaterrunoff it shall be deemed exempt from the fee established herein. Property ownersutilizing property for agricultural purposes which is not zoned agriculture may apply for an agricultural exemption from the Director. Such appeals shall be evaluated on a case- by-case basis, and all decisions placed in writing and maintained by the City Clerk. Generally, property with no structures may be granted such exemption. E. Stormwater utility user fee Credit. The Governing Body may by resolution adopt guidelines that establish credits and/or incentives that reduce the stormwater utility us-r fee that would otherwise be assessed against properties that utilize privately owned and maintained retention or detention facilities, if it is determined that the existence of such retention or detention facilities results in a reduction in the operating budget of the utility. t4-307.Appeal Procedure. Any decision of the Director, or his designee, not resolved to the satisfaction of the property owner may be appealed to the Mayor within five days of the receipt of the decision of the Director, or his designee. Such appeal shall be filed in writing through the City Clerk. Based on the written testimony, reports, file documents, etc., the Mayor shall make a decision within ten working days of the receipt of the appeal and provide awritten response to the appellant. This response shall serve as the final administrative decision of the City. The decision of the Mayor shall be final and any further appeal of such decision shall be to the Eighteenth Judicial District Court of the state of Kansas by way of the provisions of K.S.A. 60-2101(d). 14-308.Stormwater Utility User Fee Collection. A. The operation and maintenance of the stormwater utility shall be combined with the existing water/wastewater/solid waste utility. The stormwater utility user fee shall bebilled and collected monthly with the monthly water and sewer utiiity bill for thoseproperties utilizing other city utilities and shall be billed and collected separately at intervals as set by the director for those properties not utilizing other city utilities. The stormwater utility user fee for those properties utilizing other city utilities shall be part ofa consolidated statement for utility customers which shall be paid by a single monthlypayment. In the event that a partial payment is received, the payment shall bi applied ttthe water and sewer portion of the account first and then to the stormwater utility user feeportion of the account. Unless otherwise provided for herein, all bills for stormwaterutility user fees shall become due and payable in accordance with sections of the code of the city and with rules and regulations that pertain to the Bel Aire water and sewer utility that relates to the collection of utility charges. Stormwater utility user fee bills for any given property shall initially be the responsibility of the person who is paying for waterand/or sewer service for the property. If the property is not using *ui.i un-d/o, sewer services, then stormwater utility user fees shall be the responsibility of the person in possession of the property, unless other arrangements are made. if no p.rron is in possession of the property, then the stormwater utility user fees shall be the rlsponsibility of the property owner. The property owner is responsible for the stormwater utility user fees not paid by the occupant. B. Stormwater utility user fees shall be subject to a penalty for late payment which is $2.00/month for residential properties and $4.00/-o.rth for comme."iui prop"rties. Inaddition to any other remedies or penalties provided by this chapter or any other ordinance of the city, failure of property owner to pay such charges promptly when due shall subject such property to discontinuance of water services and the Director, or his/her designee, is empowered and directed to enforce this provision as to any and all delinquent users in accordance with provision(s) applicable to Water and Sewer Utility Services. C. Stormwater utility user fees authorized to be charged in this Chapter when delinquent may be certified by the City Clerk to the County Clerk of Sedgwick County to be placed on the tax roll for collection, subject to the same penalties and to be collected inlike manner as other taxes, and such charges shall. thereafter, constitute a lien upon the real estate served by the stormwater utility and against which such charges were made, regardless of whether the stormwater utility user fees were incurred when a property owner was in possession of the property or a non-owner was in possession of the property, as all parties are hereby on notice that such fees are due and owing upon property located within the City. l4-309.Stormwater Utility Fund. Stormwater utility user fees collected by the city shall be paid into an enterprise, special revenue fund, and/or reserve fund which will be known as the "stormwater utility fund." Such fund shall be used for the purpose of paying the extension and replacement, operations and maintenance and debt service of the stormwarer management system and to carry out all other purposes of the utility. l4-310.Severability. Ifany section, subsection, sentence, clause, phrase, or portion ofthis ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 2. This Ordinance shall take effect and be in force from and after publication of its summary in the Ark Valley News, an official city newspaper. Passed by the City Council this 26n day of July, 2016. Approved by the Mayor this 26s day of July, 2016.