§ 22-197. Basis for fees.

(a)

Fees shall be established to fund the stormwater utility. In establishing such fees, city council shall consider, among other factors, the following criteria:

(1)

The fee system must be reasonable and equitable so that users pay to the extent they contribute to the need for the utility, and the fees must bear a substantial relationship to the cost of the service.

(2)

The components of the calculations used to establish fees may include, but shall not be limited to, the following cost factors:

a.

Stormwater management planning and preparation of comprehensive watershed master plans for stormwater management;

b.

Regular inspections of public and private stormwater management facilities and measures and the construction thereof;

c.

Maintenance and improvement of stormwater management facilities that have been accepted by the city for that purpose;

d.

Plan review and inspection of sediment control and stormwater management plans, measures, and practices;

e.

Retrofitting designated watersheds to reduce existing flooding problems or to improve water quality;

f.

Acquisition of interests in land, including easements;

g.

Design and construction of stormwater management facilities and measures and acquisition of equipment;

h.

Administration and enforcement;

i.

Water quantity and water quality management, including monitoring and surveillance; and

j.

Debt service and financing costs.

(3)

The practical difficulties and limitations related to establishing, calculating and administering such fees.

(b)

Calculation of residential equivalency units:

(1)

A residential equivalency unit, REU, shall be equal to one single-family use as determined by the existence of one water or electric meter, whether the structure is occupied or vacant. The number of REUs of a multifamily complex, boarding house, mobile home park, garage apartment and similar residential use shall be determined by the number of water or electrical meters, whichever is greater, on the subject property.

(2)

Deleted.

(3)

The stormwater management fee billed each month for a residential lot with more than a single-family use shall be based on one REU times the electric or water meters, whichever is greater. Structures designed for short-term occupancy such as bed and breakfast establishments and overnight boarding houses shall be considered commercial uses.

(4)

One acre of commercial, industrial, nonprofit, public, or semipublic property shall be equal to 6.3 REU's or residential equivalency units. Accordingly, fees will be assessed at a standard rate per REU, as determined by city council. Any commercial property less than one acre shall be considered one acre when computing the fee.

(5)

Multiple tenants on commercial properties identified in part (4) above shall be billed monthly on a prorated basis based on the percentage of structure they occupy. The total fee shall be divided among the tenants based on the square footage of the structure they occupy divided into the total square footage of the structure.

(Ord. of 3-18-93; Ord. of 7-20-95; Ord. of 6-21-2001; Ord. of 9-18-03(1))