Stormwater Management ChargeORDINANCE NO. 7-03
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 44
BY ADDING THERETO A NEW DIVISION V. STORMWATER MANAGEMENT,
ESTABLISHING A STORMWATER MANAGEMENT UTILITY DISTRICT,
PROVIDING FOR THE POWERS, DUTIES AND RESPONSIBILITIES OF THE
UTILITY, ESTABLISHING A STORMWATER MANAGEMENT CHARGE;
ESTABLISHING A POLICY REGARDING EXPENDITURE OF UTILITY
REVENUES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. Chapter 44 of the City of Dubuque Code of Ordinances is
hereby amended by adding thereto the following:
ARTICLE V. STORMWATER MANAGEMENT
Sec. 44-270. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Bonds means revenue bonds, notes, loans or any other debt obligations issued
or incurred to finance the costs of construction.
Contributor or user means any person owning, operating, or otherwise
responsible for property within the city which directly or indirectly discharges
stormwater or surface or subsurface waters to any portion of the stormwater
management system, including direct or indirect discharges to the city's
stormwater drainage system, or which is directly or indirectly protected by the
city's flood protection system or stormwater drainage system. The term
"contributor" or "user" means any person responsible for the direct or indirect
discharge of stormwater or surface or subsurface waters to the city's stormwater
drainage system.
Costs of construction means costs reasonably incurred in connection with
providing capital improvements to the system or any portion thereof, including but
not limited to the costs of the following:
(1) Acquisition of all property, real or personal, and all interests in connection
therewith including all rights-of-way and easements therefore;
(2) Physical construction, installation and testing including the costs of labor,
services, materials, supplies and utility services used in connection
therewith;
(3) Architectural, engineering, legal and other professional services;
(4)Insurance premiums dudng construction, to the
extent not paid for by a contractor for construction and installation;
(5) Any taxes or other charges which become due dudng construction;
(6)Expenses incurred by the city or on its behalf with its approval in seeking
to enforce any remedy against any contractor or subcontractor in respect
of any default under a contract relating to construction;
(7) Principal and interest on any bonds; and
(8) Miscellaneous expenses incidental thereto.
Debt service means the amount of money necessary annually to pay the interest
on outstanding debt and pay the principal of matudng debt.
Developed property means real property upon which a structure or impervious
surface has been placed or constructed, thus increasing the amount of rainwater
or surface water runoff.
Director means the city engineer as director of the stormwater management
utility.
Dwelling unit means a singular unit or apartment providing complete,
independent living facilities for one or more persons including permanent
provisions for living, sleeping, eating, cooking and sanitation.
Single-Family Unit or SFU means the average impervious area of a single-family
residential property located within the city as periodically determined and
established as provided in this article.
SFU rate means the dollar value periodically determined and assigned to each
SFU as a charge for stormwater management services, and expressed as $X.XX
per SFU.
Exempt property means public right-of-ways including public streets, alleys,
sidewalks, and public drainage facilities.
Extension and replacement means costs of extensions, additions and capital
improvements to or the renewal and replacement of capital assets of or
purchasing and installing new equipment for the system or land acquisition for
the system and any related costs thereto or paying extraordinary maintenance
and repair, including the costs of construction, or any other expenses which are
not costs of operation and maintenance or debt service.
Fiscal year means a 12-month pedod commencing on July 1, and ending on
June 30 of the succeeding year.
Flood protection system means the system of levees, floodwalls, floodgates,
storm sewer gatewells, and stormwater pumping stations lying adjacent to rivers,
creeks, and streams within the city, including associated control and operating
equipment and facilities whether adjacent to such rivers, creeks, or streams or
remotely located, which are intended to provide flood protection to properties
adjacent to such rivers, creeks, and streams.
Impen/ious area means the number of square feet of hard-surfaced areas which
either prevent or retard the entry of water into soil mantle, as it entered under
natural conditions as undeveloped property, and/or cause water to run off the
surface in greater quantities or at an increased rate of flow from that present
under natural conditions as undeveloped property, including but not limited to
roofs, roof extensions, patios, porches, driveways, sidewalks, concrete/asphalt
pavement, gravel surfaces and athletic courts.
Multifamily residential property means a residential structure designed with two
or more dwelling units to accommodate two or more families or groups of
individuals living separately and not sharing the same living space:
Nonoperating revenues refers to revenues derived from activities other than the
basic operations of the stormwater management system, but excluding interest
income on bond proceeds and on contributed capital.
Nonresidential property means any property developed for commercial,
industrial, governmental, or institutional use, including churches, hospitals, and
other eleemosynary institutions and including multiuse properties incorporating
residential uses, but excluding undeveloped property and property used
exclusively for agricultural purposes.
Operating budget means the annual operating budget for the stormwater
management utility adopted by the city council for the succeeding fiscal year.
Operations and maintenance expense means the current expenses, paid or
accrued, of operation, maintenance and current repair of the system, as
calculated in accordance with sound accounting practice, and includes, without
limiting the generality of the foregoing, insurance premiums, administrative
expenses including recordkeeping, the cost of materials and supplies used for
current operations, and charges for the accumulation of appropriate reserves for
current expenses not annually incurred, but which are such as may reasonably
be expected to be incurred in accordance with sound accounting practice.
Single-family residential property means a detached residential structure
designed as a single dwelling unit to accommodate one family or group of
individuals living together and sharing the same living space, but excluding multi-
class (i.e. commercial, residential, industrial, institutional etc.) properties which
include single-family residential uses.
Revenues means all rates, fees, assessments, rentals or other charges or other
income received by the utility, in connection with the management and operation
of the system, including amounts received from the investment or deposit of
moneys in any fund or account and any amounts contributed by the city, all as
calculated in accordance with sound accounting practice.
Stormwater drainage system means the system of publicly or privately owned or
operated dyers, creeks, ditches, drainage channels, pipes, basins, street gutters,
and lakes within the city through which or into which stormwater runoff, surface
water, or subsurface water is conveyed or deposited.
Stormwater management charge means the charge authorized by state law and
this article which is established to pay operations and maintenance, extension,
replacement and debt service of the stormwater drainage system.
Storrnwater management utility or utility means the enterprise fund utility created
by this article to operate, maintain and improve the system and for such other
purposes as stated in this article.
Stormwater management utility system or system means the existing stormwater
management facilities, stormwater drainage system, and flood protection system
of the city and all improvements thereto which by this article are constituted as
the property and responsibility of the utility, to be operated as an enterprise fund
to, among other things, conserve water; control discharges and flows
necessitated by rainfall events; and incorporate methods to collect, convey,
store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding,
overdrainage, environmental degradation and water pollution or otherwise affect
the quality and quantity of discharge from such system.
Total annual revenue requirements refers to the total amount of revenue required
in one year to meet all expenditures incurred during that year for the financing of
construction and for the operations and maintenance, including administration
and renewal and replacement funding, of the stormwater drainage system,
including facilities for the collection, transportation, and treatment of stormwater,
and of the flood control protection system, including river levees and stormwater
pumping stations.
Undeveloped property means real property that has no impervious area.
Sec. 44-271. Declaration of purpose; establishment of district.
(a)The city council finds, determines, and declares it to be conducive to the
health, welfare, safety and convenience of the city and its residents that a
stormwater management utility district be established within the city.
Consequently, pursuant to Iowa Code § 384.84(1), a stormwater
management utility district, to be known as The Dubuque Stormwater
Management Utility, is established, and it is ordained and declared that
the city shall be and constitute the stormwater management utility district,
and that the utility shall comprise and include elements of the city,s
stormwater drainage and flood protection systems which provide for the
collection, treatment and disposal of stormwater, surface water, and
groundwater. It is further found, determined, and declared that the
elements of the stormwater management utility are of benefit and provide
services to all real properties within the incorporated city limits, including
property not directly served by the stormwater drainage system, and that
such benefits and services may include but are not limited to the provision
of adequate systems of collection, conveyance, detention, treatment and
release of stormwater; the reduction of hazard to property and life
resulting from stormwater runoff and flooding; improvement in general
health and welfare through reduction of undesirable stormwater conditions
and flooding; and improvement to the water quality in the stormwater and
surface water system and its receiving waters.
(b)It is further determined and declared to be necessary and conducive to the
protection of the public health, welfare, safety and convenience of the city
and its residents that charges be levied upon and collected from the
owners or occupants of all lots, parcels of real estate, and buildings that
discharge stormwater or surface or subsurface waters, directly or
indirectly, to the city stormwater drainage system, and that the proceeds of
such charges so dedved be used for the purposes of operation,
maintenance, repair, replacement and debt service for construction of the
stormwater drainage and flood protection improvements comprising the
stormwater management utility.
Sec. 44-272. Powers, duties and responsibilities.
The stormwater management utility shall have the following powers, duties, and
responsibilities:
(1)Prepare ordinances as needed to implement this article and forward the
ordinances to the city council for consideration and adoption, and adept
such regulations and procedures as are required to implement this article
and carry out its duties and responsibilities.
(2)Administer the acquisition, design, construction, maintenance and
operation of the utility system, including capital improvements designated
in the comprehensive drainage plan.
(3)Administer and enforce this article and all ordinances, regulations and
procedures adopted relating to the design, construction, maintenance,
operation and alteration of the utility system, including but not limited to
the quantity, quality and/or velocity of the stormwater conveyed thereby.
(4)Inspect private systems as necessary to determine the compliance of such
systems with this article and any ordinances or regulations adopted
pursuant to this article.
(5)Prepare and revise a comprehensive drainage and flood protection plan
for periodic review and adoption by the city council.
(6)Review plans, approve or deny, inspect and accept extensions to the
stormwater drainage system.
(7)Establish and enforce regulations to protect and maintain water quality
within the system in compliance with water quality standards established
by state, regional and/or federal agencies as adopted or amended.
(8)Annually analyze the cost of services and benefits provided, and the
system and structure of fees, charges, fines and other revenues of the
utility, and make recommendations regarding adjustments to such
fees, charges, fines and other revenues.
(9)Prepare an annual operating budget for the utility and make
recommendations regarding the financing of the cost of extending and
replacing the system.
Sec. 44-273. Organization.
The city council shall be the governing body of the stormwater management
utility. The stormwater management utility shall be under the direction,
management and control of the city engineer who shall function as its director. In
that capacity, the director shall supervise the day-to-day operation of the
stormwater management utility, shall enforce this article and the provisions of all
ordinances and regulations adopted pursuant to this article and shall carry out
the policy directives of the city council acting in its role as governing body of the
stormwater management utility.
Sec. 44-274. Establishment of SFU, SFU rate and stormwater management
charge; establishment of policy regarding expenditure of utility revenues.
(a)For purposes of this article, an SFU shall be equivalent to 2,917 square
feet of impervious property.
(b)Except as provided in this article, every contributor owning or occupying a
single-family residential property, multifamily residential property, or a
nonresidential property, other than exempt property, shall pay to the city,
at the same time payment is made for water service, sanitary sewer or
refuse, a stormwater management charge to be determined and billed as
provided in this article. In the event the owner and the occupant of a
particular property are not the same, the liability for payment of the
stormwater management charge attributable to that property shall be joint
and several as to the owner and occupant. The stormwater management
charge shall be a monthly service charge and shall be determined by this
article and the SFU rate which is established in this article and from time
to time adjusted as provided in this article.
(c)The stormwater management charges provided in sections 44-275
through 44-276 of this article shall be applied and computed for each
contributor during the customary billing periods as to all bills mailed by the
city's finance director, and such charges shall thereafter be paid and
collected as provided in this article.
(d)The SFU rate to be applied to residential and nonresidential properties for
the period July 1, 2003 through June 30, 2008 shall be $1.29 per SFU.
The director shall determine the SFU rate to be applied to residential and
nonresidential properties within the city and shall certify the same promptly
thereafter to the city manager. The city manager shall inform the city
council of the rate so calculated at the time that the budget for the
stormwater management utility is submitted to the council for its review
and approval. If it is determined that the SFU rate is to be adjusted, the
city manager shall thereafter publish said adjusted rate once in a
newspaper of general circulation, shall give notice thereof to contributors if
and as required by applicable state or federal law, and shall, in the
absence of council enactment of an ordinance not later than May 1
directing the imposition of a different rate, proceed to impose and collect
the adjusted rate from and after July 1 of that year.
(e)If at any time the director determines that the SFU rate and/or the budget
for the stormwater management utility system requires adjustment, the
director shall report such determination to the city manager and city
council. The city council may at any time adjust the SFU rate by adoption
of an ordinance amending this section, and may at any time adjust the
budget for the stormwater management utility system by adoption of an
appropriate resolution.
(f)The city council hereby establishes a formal policy regarding the
expenditure of stormwater management utility revenues as follows:
(1)The city manager shall develop and implement a cost accounting system,
capable of accurately recording and segregating charges to the system by
all departments of the city, to include the cost of personnel, machinery,
contract equipment and construction, supplies, depreciation, and any and
all miscellaneous expenses and purchases.
(2)No revenues generated by the stormwater utility user fee shall be used for
any purpose other than stormwater expenses.
Sec. 44-275. Stormwater management charge for single-family residential
property.
(a) The stormwater management charge for a single-family residential
property shall be the following percentage of the SFU rate:
Impervious Area Percentage
of the Property of SFU Rate
(square feet)
50%
1,471 or less
1,472 to 4,374 100%
150 %
4,375 or more
(b)As to a new single-family residence, the stormwater management charge
attributable to that residence shall commence upon the earlier of the
following:
(1) The issuance of a permanent water-meter.
(2) If no water-meter is issued for that development or if development has
halted, on the date that the director or the director's designee determines
in reasonable judgment that the development is substantially complete or
has been halted for at least three months
(c)Any owner or occupant of a residential property aggrieved by the director's
calculation of the stormwater management charge as provided in this
section may appeal such determination to the director as provided in
section 44-280 of this article.
Sec. 44-276. Stormwater management charge for non-single family
residential property.
(a) The stormwater management charge for a non-single family residential
property shall be the following percentage of the SFU rate multiplied by
the number of dwelling units on the property:
Non-single residential Percentage
Family Property of SFU Rate
Classification
Multifamily (excluding 42%
condominiums and mobile
homes)
Condominium 83%
Mobile Home 65%
Sec. 44-277. Reserved
Sec. 44-278. Stormwater management charge for nonresidential property.
(a)The stormwater management charge for nonresidential property shall be
the SFU rate multiplied by the numerical factor obtained by dividing the
total impervious area of a nonresidential property by the number of square
feet in one SFU. The minimum charge for any nonresidential property
shall be equal to one SFU rate. For newly developed nonresidential
property, the charge attributable to that property shall commence or
increase, for additional development to property which is already
developed, upon the issuance of the certificate of occupancy for such
additional development or, if no certificate of occupancy will be issued for
that development or if development has halted, on the date that the
director or the director's designee determines in reasonable judgment that
the development is substantially complete or has been halted for at least
three months.
(b) 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.
(c)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 44-280 of this article.
(d)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.
Sec, 44-279. Reserved
Sec. 44-280. Appeal of impervious surface calculation.
(a)Any owner or occupant of a single-family residential property aggrieved by
the initial or any subsequent determination of the stormwater management
charge for such property, as provided in section 44-275 of this article, may
appeal such determination and calculation to the director, utilizing
information supplied by the appealing owner or occupant, provided such
information is verified as correct by a certified professional engineer or
surveyor at the owner or occupant's expense.
(b)Any owner or occupant of a multifamily residential property aggrieved by
the initial or any subsequent calculation of the stormwater management
charge, as provided in section 44-276 of this article, may appeal such
calculations and allocation to the director as outlined herein.
(c)Any owner or occupant of nonresidential property aggrieved by the initial
or any subsequent calculation of the total impervious area of such
property, calculation of the stormwater management charge for such
property, as provided is section 44-278 of this article, may appeal such
calculations or allocation to the director. Upon such appeal, the
stormwater management charge shall be recalculated using information
obtained as provided in this section.
(d)An appeal by the owner, occupant, or occupant organization of a single-
family or multifamily residential property must be filed in writing within 90
days after the initial billing of the stormwater management charge for that
property or within 90 days after any billing showing a recalculation of the
stormwater management charge for that property. For an appeal occurring
within 90 days of the initial billing of a property, any adjustment of the
stormwater management charge resulting from such appeal shall be
retroactive to the date of the initial billing. For an appeal occurring within
90 days of a billing showing a recalculation of the stormwater
management charge, any adjustment of the stormwater management
charge resulting from such appeal shall be retroactive to the date the
recalculated bill went into effect.
(e)The owner, occupant, or occupant organization of a nonresidential
property, who is aggrieved (i) by the initial or any subsequent calculation
of the impervious area of the property, (ii) by the calculation of the
stormwater management charge, or (iii) by the allocation of such charge
among occupants, may appeal such determinations, provided that such
appeal must be filed in writing within 90 days after the initial billing of the
stormwater management charge for that property or within 90 days after
any billing showing a recalculation of the stormwater management charge
for that property. If an appeal occurs within 90 days after the initial billing
of a property, any adjustment of the stormwater management charge
resulting from such appeal shall be retroactive to the date of the initial
billing. If an appeal occurs within 90 days after a billing showing a
recalculation of the stormwater management charge, any adjustment of
the stormwater management charge resulting from such appeal shall be
retroactive to the date the recalculated bill went into effect.
(f)Appeals by the owners, occupants, or occupant organizations of
multifamily residential properties or nonresidential properties shall include
a statement of the total property area, and/or total impervious area, as
appropriate for the particular grounds for appeal. Appeals by the owners of
single-family residential properties shall include a statement or data
showing the actual square footage of the lot or parcel. Such information
may be shown on stormwater management reporting forms or on appeal
forms and may be accompanied by plats, county assessor's records, or
survey data. The director may request additional information from the
appealing party. Based upon the information provided by the utility and
appealing party, the director shall make a final calculation of the
stormwater management charge. The director shall notify the parties, in
writing, of the director's decision within 90 days after receipt of the appeal.
If still aggrieved, a party may request, in writing, a review by the city
manager of the director's decision. Such request must be filed with the city
manager within 30 days after the director's decision, shall cite specific
error by the director, and shall include the calculation of the stormwater
management charge which the appealing party believes to be correct. The
city manager shall review the record presented and render a written
decision within 30 days after receipt of the request for review. The city
manager may request additional information from either party. If still
aggrieved, a party may request review of the city manager's decision by
the city council in the same manner as above provided for review by the
city manager. The filing of an appeal shall not excuse the payment of the
stormwater management charge when due. However, the city shall refund
any portion of the charge paid subsequent to the filing of the appeal which
is adjudged to be excessive, with interest at the rate provided by law.
Sec. 44-281. Rate determinations; compliance with bond covenants.
(a)In calculating the SFU rate as provided in section 44-274 of this article, the
director shall include in the budgeted expense 'and revenue amounts
sufficient funds as will ensure compliance with any and all rate covenants
applicable to any outstanding bonds, notes or other obligations issued in
connection with the construction and operation of the stormwater
management utility system.
(b)For purposes of complying with any covenant relating to the issuance of
additional bonds, notes or other obligations ranking on a parity with
outstanding bonds issued in connection with the construction and
operation of the stormwater management utility, the director shall, prior to
council consideration of the resolution to take additional action for the
issuance of such additional bonds, and with such assistance from the
city's independent accountants as the director deems necessary, calculate
the SFU rate necessary to produce revenues sufficient to comply with
such covenant and shall certify the rate to the city manager. The city
manager shall inform the city council of the revised SFU rate at the time
that the resolution to take additional action for the issuance of such bonds
is submitted to the council for its review and approval. Upon council
approval of such resolution, the city manager shall publish the revised
SFU rate once in a newspaper of general circulation, shall give notice
thereof to contributors if and as required by applicable state or federal law,
and shall proceed to impose and collect the rate commencing with the
next available billing cycle.
Sec. 44-282. Billing procedures; delinquent accounts and collection
procedures.
(a)The procedures for billing of the stormwater management service charges
provided in sections 44-275 through 44-278 of this article and for the
collection of delinquent stormwater management service charges shall be
as provided in section 44-86.
(b)Contributors who are not billed by the city for water, sanitary sewer or
refuse shall be directly billed for stormwater management services by the
city. In such instances, the billing and collection of stormwater
management charges shall be subject to the same rules and procedures
as to delinquency in payment, certification of delinquency, and property
lien as provided in section 44-86.
Sec. 44-283. Annual review of SFU rate.
Under this article, the director shall review the SFU rate annually and revise the
rate as necessary to ensure that the system generates adequate revenues to pay
total annual revenue requirements.
Sec. 44-284. Reserved.
Sec. 44-285. Reserved
Sec. 44-286. Expenses of collection of stormwater management charges.
The incremental cost of collecting and accounting for all stormwater management
charges, including reasonable compensation to the finance director; the
maintenance of all books and records; the employment of necessary personnel;
the cost of all books, records, materials and supplies; the obtaining and
maintaining of all office and storage space; and all other costs and expenses
reasonably necessary in connection therewith or incidental thereto, shall be a
part of the cost of operating the stormwater utility and shall be incurred when the
finance director, in the exercise of his or her judgment, shall so determine. The
incremental cost thereof shall be deducted by the finance director, upon his or
her certification as to the amount thereof, from the remittance to which it relates,
subject to the condition that any proposed change in any method of computing
such incremental cost may be effective prospectively only and only after such
proposed change shall have been submitted to and approved by the city council.
Sec. 44-287. Reserved.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 27f. h day of February ,2003.
Terence M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk