Stormwater Commencement of Charge Ordinance UpdateCity of Dubuque
City Council
ACTION ITEMS # 1.
Copyrighted
July 20, 2026
ITEM TITLE: Stormwater Commencement of Charge Ordinance Update
SUMMARY: City Manager recommending City Council approval to amend
Section 13-4-7 of the City Code to include explicit language
establishing the commencement of stormwater utility charges
for Nonsingle-Family residential properties. It is further
recommended to amend Section 13-4-8 of the City Code to
codify the longstanding practice of initiating stormwater utility
charges 90 days after site plan approval for nonresidential
developments.
ORDINANCE Amending City Of Dubuque Code Of
Ordinances Title 13 Public Utilities, Chapter 4 Stormwater
Management, Sections 13-4-7 Nonsingle-Family Residential
Property And 13-4-8 Nonresidential Property
SUGGUESTED Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
MVM Memo Stormwater Commencement of Charge Ordinance Update
2. 2026-07-14 SW Commencement Ordinance Memo —FINAL
3. Ordinance
Page 975 of 1061
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Stormwater Commencement of Charge Ordinance Update
DATE: July 14, 2026
City Engineer Gus Psihoyos is recommending City Council approval to amend Section
13-4-7 of the City Code to include explicit language establishing the commencement of
stormwater utility charges for Nonsingle-Family residential properties. Under the
proposed revision, billing would begin upon activation of the water main utility account
or 90 days after site plan approval, whichever occurs first. Until individual units establish
separate utility billing accounts, the developer or property owner would be billed at the
rate corresponding to the total number of approved Nonsingle-Family residential units
identified in the site plan.
It is further recommended to amend Section 13-4-8 of the City Code to codify the
longstanding practice of initiating stormwater utility charges 90 days after site plan
approval for nonresidential developments. Consistent with the proposed approach for
Nonsingle-Family residential properties, charges would begin either 90 days after site
plan approval or upon activation of the water main utility billing account, whichever
occurs first.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Alex Stein, Civil Engineer
Chris Valle, Utility Billing Supervisor
Wally Wernimont, Planning Services Director
Page 976 of 1061
THE CITY OF
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: July 14, 2026
SUBJECT: Stormwater Commencement of Charge Ordinance Update
BACKGROUND
The City of Dubuque established its Stormwater Management Utility on February 27,
2003, pursuant to Iowa Code § 384.84(1), through the adoption of Ordinance No. 7-03.
The utility authorizes the City to establish and collect rates, fees, and charges necessary
to support the services and facilities provided by the stormwater management system.
The ordinance further states that the utility is intended to deliver stormwater-related
benefits and services within the incorporated city limits, including the provision of
adequate collection, conveyance, detention, and treatment systems; the reduction of
hazards to property and public safety associated with stormwater runoff and flooding; the
enhancement of public health and welfare through the mitigation of adverse stormwater
conditions; and the improvement of stormwater, surface water, and receiving water
quality.
City Code designates the City Council as the governing authority for the Stormwater
Management Utility and assigns the City Engineer the role of Director, as specified in
Section 13-4-4.
City Code Title 13, Chapter 4 establishes the framework for the Stormwater Utility,
including its responsibilities, organizational structure, and rate administration. Sections 6
through 8 of this chapter define the rate structure applicable to the various development
categories within the City, specifically Single -Family, Nonsingle-Family, and
Nonresidential properties.
DISCUSSION
Staff has identified that City Code Section 13-4-7 does not include language specifying
when stormwater utility charges are to commence for Nonsingle-Family residential
properties. As a result, the timing of billing initiation for these properties is unclear.
Developers have raised questions regarding the appropriate start date for stormwater
charges, and staff has been unable to provide a code -based answer because no such
provision currently exists.
Page 977 of 1061
Staff has also determined that the City's current billing practices for nonresidential
properties do not align with the commencement provisions in existing City code 13-4-8.
Historically, Planning Services has included a notice in Site Plan Approval letters for
nonresidential developments indicating that stormwater utility charges would begin 90
days after site plan approval. This practice was implemented at the direction of the
Engineering Department. However, this approach conflicts with the City Code, which
specifies that stormwater charges for nonresidential properties commence upon issuance
of the Certificate of Occupancy. This discrepancy has created confusion among internal
departments as well as among developers.
RECOMMENDATION
Following coordination with staff from both Utility Billing and Engineering, the following
approach is the most appropriate path forward and does not materially alter existing
practices:
I recommend amending Section 13-4-7 of the City Code to include explicit language
establishing the commencement of stormwater utility charges for Nonsingle-Family
residential properties. Under the proposed revision, billing would begin upon activation of
the water main utility account or 90 days after site plan approval, whichever occurs first.
Until individual units establish separate utility billing accounts, the developer or property
owner would be billed at the rate corresponding to the total number of approved
Nonsingle-Family residential units identified in the site plan.
I further recommend amending Section 13-4-8 of the City Code to codify the longstanding
practice of initiating stormwater utility charges 90 days after site plan approval for
nonresidential developments. Consistent with the proposed approach for
Nonsingle-Family residential properties, charges would begin either 90 days after site
plan approval or upon activation of the water main utility billing account, whichever occurs
first.
ACTION REQUESTED
I respectfully request approval of the attached ordinance amending Sections 13-4-7 and
13-4-8 of the Code of Ordinances to clarify the commencement of stormwater utility
charges for Nonsingle-Family and Nonresidential developments.
Prepared by Alex Stein, Civil Engineer
cc: Chris Valle, Utility Billing Supervisor
Wally Wernimont, Planning Services Director
Crenna Brumwell, City Attorney
2
Page 978 of 1061
Prepared by Alex Stein Civil Engineer, 50 W. 131h Street Dubuque IA 52001 (563) 589-4276
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'^ St., Dubuque, IA 52001, (563) 589-4100
ORDINANCE NO. 29 - 26
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC
UTILITIES, CHAPTER 4 STORMWATER MANAGEMENT, SECTIONS 13-4-7
NONSINGLE-FAMILY RESIDENTIAL PROPERTY AND 13-4-8 NONRESIDENTIAL
PROPERTY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Section 13-4-7 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
13-4-7 NONSINGLE-FAMILY RESIDENTIAL PROPERTY:
A. Determination of Charge: The stormwater management charge for a nonsingle-family
residential property shall be the following percentage of the SFU rate multiplied by the
number of dwelling units on the property:
Nonsingle-family Residential Property Classification
SFU Rate
Multi -family (excluding condominiums and mobile homes)
42 percent
Condominium
83 percent
Mobile home
65 percent
B. Commencement of Charge: Stormwater utility charges shall commence upon the
earlier of activation of the water main utility billing account serving the development or
ninety (90) days after approval of the site plan by the City. The owner shall be billed at
the rate corresponding to the full site -plan build -out approved by the City until individual
units or tenant spaces establish separate utility billing accounts. If development activity is
halted or does not proceed following site plan approval, stormwater utility charges shall
continue to be assessed at the full approved site -plan rate. If an approved site plan is
subsequently modified, reduced in scope, or withdrawn, the billing rate may be
temporarily paused only for the purpose of recalculating the charge, at the Director's
reasonable discretion, and the stormwater utility charge shall be reset to reflect the
conditions established in the updated approved site plan or the most recently verified
physical conditions of the property.
C. Charge Exception: The city manager shall establish a policy for evaluating cases of
extreme financial hardship for non -single family residential customers and the city's ability
to make adjustments in the monthly charge for non -single family residential customers as
determined by the terms and conditions of the policy and the funds allocated, and
available, through the budget process.
D. Appeal Determination of Charge: Any owner or occupant of a nonsingle-family
residential property aggrieved by the Director's calculation of the stormwater
management charge or allocation among users as provided in this section may appeal
such determination to the Director as provided in section 13-4-9 of this chapter.
E. Adjustment to Charge: An adjustment to the stormwater charge may be granted by the
Director who is hereby authorized to establish procedures and standards for the
adjustment of fees.
Section 2. Section 13-4-8 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
13-4-8 NONRESIDENTIAL PROPERTY:
A. Determination of Charge: The stormwater management charge shall be calculated by
multiplying the SFU rate by the numerical factor obtained by dividing the total impervious
area of the property by the number of square feet in one SFU. The minimum charge for
any property shall be equal to one SFU rate.
B. Commencement of Charge: Stormwater utility charges shall commence upon the
earlier of activation of the water main utility billing account serving the development or
ninety (90) days after approval of the site plan by the City. The owner shall be billed at
the rate corresponding to the full site -plan build -out approved by the City until individual
units or tenant spaces establish separate utility billing accounts. If development activity is
halted or does not proceed following site plan approval, stormwater utility charges shall
continue to be assessed at the full approved site -plan rate. If an approved site plan is
subsequently modified, reduced in scope, or withdrawn, the billing rate may be
temporarily paused only for the purpose of recalculating the charge, at the Director's
reasonable discretion, and the stormwater utility charge shall be reset to reflect the
conditions established in the updated approved site plan or the most recently verified
physical conditions of the property.
C. Appeal Determination of Charge: Any owner or occupant of a nonresidential property
aggrieved by the Director's calculation of the stormwater management charge or
allocation among users as provided in this section may appeal such determination to the
Director as provided in section 13-4-9 of this chapter.
D. Adjustment to Charge: An adjustment to the stormwater charge may be granted by the
Director who is hereby authorized to establish procedures and standards for the
adjustment of fees.
E. Pro Rata Charge: For separately metered occupancy units within a nonresidential
property with joint users of common impervious areas, the Director shall calculate and
allocate the pro rata stormwater management charge among the users.
Section 3. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 20th day of July, 2026.
Attest:
Adrienne N. Breitfelder, City Clerk
EFFECT OF AMENDMENT
13-4-7: NONSINGLE-FAMILY RESIDENTIAL PROPERTY:
A. Determination of Charge: The stormwater management charge for a non-
singlefamily residential property shall be the following percentage of the SFU rate
multiplied by the number of dwelling units on the property:
Non -single-family Residential Property
Classification
SFU Rate
Multi -family (excluding condominiums and mobile homes)
42 percent
Condominium
83 percent
Mobile home
65 percent
B. Commencement of Charge: Stormwater utility charges shall commence upon
the earlier of activation of the water main utility billing account serving the
development or ninety (90) days after approval of the site plan by the City. The
owner shall be billed at the rate corresponding to the full site -plan build -out
approved by the City until individual units or tenant spaces establish separate utility
billing accounts. If development activity is halted or does not proceed following site
plan approval, stormwater utility charges shall continue to be assessed at the full
approved site -plan rate. If an approved site plan is subsequently modified, reduced
in scope, or withdrawn, the billing rate may be temporarily paused only for the
purpose of recalculating the charge, at the Director's reasonable discretion, and
the stormwater utility charge shall be reset to reflect the conditions established in
the updated approved site plan or the most recently verified physical conditions of
the property.
C. Charge Exception: The city manager shall establish a policy for evaluating
cases of extreme financial hardship for non -single family residential customers and
the city's ability to make adjustments in the monthly charge for non -single family
residential customers as determined by the terms and conditions of the policy and
the funds allocated, and available, through the budget process.
D. ADDeal Determination of Charae: Anv owner or occuoant of a nonsinale-famil
residential property aggrieved by the Director's calculation of the stormwater
management charge or allocation among users as provided in this section may
aaaeal such determination to the Director as Drovided in section 13-4-9 of this
chapter.
E. Adjustment to Charge: An adjustment to the stormwater charge may be granted
by the Director who is hereby authorized to establish procedures and standards
for the adjustment of fees.
13-4-8: NONRESIDENTIAL PROPERTY:
Page 982 of 1061
A. Determination of Charae: The stormwater manaaement charae shall be
-• LIMA M • M I • - • • •• -• I IME11• •
the total impervious area of the property by the number of square feet in one SFU.
The minimum charge for any Property shall be equal to one SFU rate.
r r • • • • • • • . • r • • • r r • • r . • - • • r • - r
• r • • - • • r • - r • • • • • r r • r • - • - • • - •
- r
B. Commencement of Charge: Commencement of Charge: Stormwater utility
charges shall commence upon the earlier of activation of the water main utility
billing account serving the development or ninety (90) days after approval of the
site plan by the City. The owner shall be billed at the rate corresponding to the full
site -plan build -out approved by the City until individual units or tenant spaces
establish separate utility billing accounts. If development activity is halted or does
not proceed following site plan approval, stormwater utility charges shall continue
to be assessed at the full approved site -plan rate. If an approved site plan is
subsequently modified, reduced in scope, or withdrawn, the billing rate may be
temporarily paused only for the purpose of recalculating the charge, at the
Director's reasonable discretion, and the stormwater utility charge shall be reset to
reflect the conditions established in the updated approved site plan or the most
recentiv verified Dhvsical conditions of the orooerty. Rrn Ro+o Qhorivo: C9r
C. Appeal Sect Determination of Charge: Any owner or occupant of a
nonresidential property aggrieved by the Ddirector's calculation of the stormwater
management charge or allocation among users as provided in this section may
appeal such determination to the Ddirector as provided in section 13-4-9 of this
chapter.
D. Adjustment tTo Charge: An adjustment to the stormwater charge may be
granted by the director who is hereby authorized to establish procedures and
standards for the adjustment of fees.
Page 983 of 1061
E. Pro Rate Charge: For separately metered occupancy units within a
nonresidential property with joint users of common impervious areas, the Director
shall calculate and allocate the pro rata stormwater management charge among
the users.
Page 984 of 1061