Chapter 13.45
STORMWATER UTILITY

Sections:

13.45.010    Purpose.

13.45.020    Applicability.

13.45.030    Definitions.

13.45.040    Rate structure and billing.

13.45.050    Equivalent service unit.

13.45.060    Unit rate established.

13.45.070    Service charge adjustments and appeals.

13.45.080    Use of funds.

13.45.090    Commencement of charges.

13.45.100    Delinquent charges.

13.45.010 Purpose.

It is the purpose of this chapter to provide revenue for a stormwater program to plan, manage, construct, maintain, use, and carry out activities related thereto, and to provide revenues by imposing rates and charges. All fees and charges imposed herein shall be placed in the “City of Monmouth stormwater fund” for the purpose of paying any and all expenses related to the acquisition, installation, addition, improvement, replacement, repair, maintenance, operation, or administration of stormwater program facilities and activities. (Ord. 1394 § 1, September 15, 2020.)

13.45.020 Applicability.

The requirements of this chapter shall apply to all parcels of real property in the City of Monmouth, including publicly and privately owned property. (Ord. 1394 § 1, September 15, 2020.)

13.45.030 Definitions.

As used in this chapter, the following definitions apply:

“City” means the City of Monmouth, Oregon, or as indicated by the context, may mean any official, officer, employee or agency representing the City in the discharge of his or her duties.

“City roads” means all roads, public and private, excluding State and County roads, in the City of Monmouth.

“Developed parcel” means a parcel of real property which has been altered by development coverage.

“Drainage facilities” means the drainage systems comprised of stormwater control facilities and any other natural features which store, control, treat and/or convey storm and surface water. Drainage facilities shall include all natural and manmade elements used to convey stormwater from the first point of impact with the surface of the earth to a suitable receiving body of water or location internal or external to the boundaries of the City. They include all pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds, and other stormwater conveyance and treatment facilities whether or not the City shall have recorded rights-of-way or easements; it is presumed that the City has a prescriptive right of access to all drainage facilities for operation, maintenance, rehabilitation, or replacement.

“Equivalent service unit (ESU)” means a configuration of impervious surface estimated to contribute an amount of runoff to the City’s stormwater management system which is approximately equal to that created by the average single-family residential developed parcel in Monmouth.

“Impervious surface” means a hard-surfaced area that prevents or hinders the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow than under natural conditions. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt roads, sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard-packed dirt, oiled or other surfaces which similarly impede the natural infiltration of stormwater, or runoff patterns existent prior to development.

“Manager” means the City Manager or designee.

“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which constitutes a separate lot or tract capable of being conveyed without further subdivision.

“Service charges” means the stormwater utility fee in an amount to be determined by applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter.

“Single-family residence” means a residential structure accommodating one dwelling unit, including mobile homes, as defined by the City of Monmouth land use codes.

“Stormwater control facilities” means all man-made structures or natural water course facility improvements, developments, properties or interest therein made, constructed or acquired for the conveyance of storm or surface water runoff for the purpose of improving the quality of, controlling, or protecting life or property from any storm, flood or surplus waters.

“Stormwater program” means the Monmouth stormwater utility as defined in this chapter.

“Undeveloped land” means unimproved land and open space as defined by the City of Monmouth land use codes.

“Undeveloped parcel” means any parcel of real property which has not been altered by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.

“Unit rate” means the dollar amount charged per ESU. (Ord. 1394 § 1, September 15, 2020.)

13.45.040 Rate structure and billing.

(1) Service charges for the stormwater program are hereby authorized and imposed in amounts and on terms consistent with this chapter.

(2) Service charges shall be based on the service provided and the relative contribution of stormwater runoff from a given parcel to the stormwater control facilities, and included on each water utility billing account statement. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel.

Service charges shall be determined as follows:

(a) Undeveloped Parcels. Undeveloped parcels shall not be charged.

(b) City Roads. City roads shall not be charged.

(c) Single-Family Residences. The monthly service charge for each single-family residence shall be the unit rate for one ESU.

(d) Other Developed Parcels. The monthly service charge for all other developed parcels, including publicly owned properties, shall be computed by multiplying the unit rate times the number of ESUs applicable to the parcel. For developed parcels with more than one utility billing account, the monthly service charge shall be allocated to each utility billing account on a pro rata basis, based on the impervious surface area associated with each account, as determined by the Manager.

(e) Minimum Charge. There shall be a minimum monthly service charge for all developed properties equal to the unit rate. (Ord. 1394 § 1, September 15, 2020.)

13.45.050 Equivalent service unit.

The number of square feet of impervious surface in an ESU shall be established and may be revised by resolution of the City Council from time to time. (Ord. 1394 § 1, September 15, 2020.)

13.45.060 Unit rate established.

The unit rate per ESU shall be established and may be revised by resolution of the City Council from time to time. (Ord. 1394 § 1, September 15, 2020.)

13.45.070 Service charge adjustments and appeals.

(1) Any person billed for service charges may file a “request for service charge adjustment” with the Manager within 30 days of the date of the bill. However, submittal of such a request does not extend the period of payment for the charge.

(2) A request for service charge adjustment may be granted or approved by the Manager only when one or more of the following conditions exist:

(a) The amount charged is in error; however, no adjustment will be made unless the parcel is not a single-family residence and the City’s calculation of the impervious surface area on the parcel is shown to be in error by at least 10 percent, as demonstrated by a licensed surveyor or engineer; or

(b) The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements that adversely affect water quantity or quality.

(3) A request for a service charge adjustment must be supported by information, satisfactory to the Manager, to demonstrate that the applicant is entitled to an adjustment under this section.

(4) Service charge adjustments will apply only to the bill then due and payable and to bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted.

(5) Decisions on requests for service charge adjustment shall be made by the Manager based on information submitted by the applicant and by the City within 30 days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the Manager’s decision.

(6) Decisions of the Manager on requests for service charge adjustments shall be final unless appealed to City Council within 30 days of the date of the decision. (Ord. 1394 § 1, September 15, 2020.)

13.45.080 Use of funds.

Service charges collected under this chapter shall be deposited into the City of Monmouth stormwater utility fund or funds to be used only for the purpose of paying all or any part of the cost and expense of maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining and improving the stormwater program and drainage facilities. (Ord. 1394 § 1, September 15, 2020.)

13.45.090 Commencement of charges.

For new construction, service charges will commence with the issuance of a building permit, creation of an impervious surface area, or installation of a water meter, whichever comes first. For existing structures, service charges will commence on the effective date of the resolution establishing the unit rate. (Ord. 1394 § 1, September 15, 2020.)

13.45.100 Delinquent charges.

Delinquent accounts shall be treated in the same manner as delinquent sewer service accounts under MCC 13.15.070(4). (Ord. 1394 § 1, September 15, 2020.)