Pine Lake City Zoning Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Credit means a conditional reduction in the amount of a stormwater service charge to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site stormwater system or facility or the provision of a service or activity by property owner, which system, facility, service or activity reduces the stormwater utility's cost of providing stormwater services and facilities. Credits for on-site stormwater systems shall be generally proportional to the affect that such systems have on the peak rate of runoff from the site.

Detached dwelling unit means developed land containing one structure which is not attached to another dwelling and which contains one or more bedrooms, with a bathroom and kitchen facilities designed for occupancy by one family. Detached dwelling units may include houses and manufactured homes located on one or more individual lots or parcels of land. Detached dwelling unit shall not include developed land containing structures used for nonresidential purposes.

Developed land means property altered from its natural state by construction or installation of more than 200 square feet of impervious surfaces as defined in this chapter.

Duplexes and triplexes means developed land containing two (duplex) or three (triplex) attached residential dwelling units located on one or more parcels of land.

Equivalent residential unit (ERU) or impervious area means the median average impervious coverage of detached dwelling unit properties in the city as determined by the city, and shall be used as the basis for determining stormwater service charges to detached dwelling unit properties or classes of detached dwelling unit properties and other properties. One thousand five hundred square feet of impervious area shall be one equivalent unit.

Multiple dwelling units residential properties means developed land whereon four or more attached residential dwelling units are located and shall include, but not be limited to, apartment houses, condominiums, town homes, attached single-family homes, boardinghouses, group homes, hotels and motels, retirement centers and other structures in which four or more family groups commonly and normally reside or could reside. In the application of stormwater service charge rates, multiple dwelling unit properties shall be treated as other developed lands.

Other developed land means, but shall not be limited to, multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, houses of worship, public and private schools and universities, government buildings, research stations, hospitals and convalescent centers and mixed use developments.

Service charges means the stormwater management service charge applicable to a parcel of developed land, which charge shall be reflective of the city stormwater utility's cost of providing stormwater management services and facilities.

(1)

Service charges will be based on measurable parameters which influence the stormwater utility's cost of services and facilities, and may include but are not necessarily limited to the amount of impervious area on each parcel of developed land. The use of impervious area as a service charge rate parameter shall not preclude the use of other parameters, or of grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat-rate charges for one or more classes of similarly-situated properties whose impact on the stormwater utility's cost of providing stormwater management services and facilities is relatively consistent.

(2)

Stormwater service charges may also include special charges to individual customers for services or facilities related to stormwater management, including but not limited to charges for development plan review, inspection or development projects and on-site stormwater control systems, and enhanced levels of stormwater services above those normally provided by the city.

(Code 1986, § 5-1-2; Ord. No. 12-2005, § 5-1-2, 5-9-2005)

Stormwater service charges may be determined and modified from time to time by the city council so that the total revenue generated by said charges and any other sources of revenue that may be made available to the stormwater utility will be sufficient to meet the cost of services and facilities, including but not limited to the payment of principal and interest on revenue bond obligations incurred for consideration and improvements to the stormwater system.

(Code 1986, § 5-1-3; Ord. No. 12-2005, § 5-1-3, 5-9-2005)

Stormwater service charges shall accrue and shall be billed periodically to customers, except as specific exemptions and credits may apply.

(Code 1986, § 5-1-4; Ord. No. 12-2005, § 5-1-4, 5-9-2005)

In order to recover the cost of providing stormwater services and facilities while fairly and reasonably apportioning the cost among developed properties throughout the city, the following stormwater rates shall apply:

(1)

Detached dwelling units. Detached dwellings units shall be charged the rate applicable to one equivalent residential unit as specified below, or as amended by ordinance in the future.

(2)

Other developed lands. All developed lands not classified as detached dwelling units shall be billed for one equivalent residential unit (ERU) for each 1,500 square feet of impervious surface or increment thereof.

(3)

Stormwater service charge. The stormwater service charge per equivalent residential unit (ERU) shall be on a schedule that will be available for review in the clerk's office.

(4)

Land devleoped after September, 2010, within the city's stream buffer will be charged an additional fee proportional to the impervious surface within that buffer.

(Code 1986, § 5-1-5; Ord. No. 12-2005, § 5-1-5, 5-9-2005; Ord. No. 2010-004, 8-9-2010)

(a)

Except as provided in this section, no public or private property shall be exempt from stormwater utility service charges or receive a credit or offset against such service charges. No exception, credit, offset or other reduction in stormwater service charges shall be granted based on the age, tax or economic status, race or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities.

(b)

A "Stormwater Utility Service Charge Credit Technical Manual" shall be prepared by the department of public works specifying the design and performance standards of on-site systems, facilities, activities and services which qualify for application of a service charge credit, and how such credits shall be calculated.

(c)

Undeveloped land as defined in this chapter shall be exempt from stormwater service charges.

(d)

Railroad tracks shall be exempt from stormwater service charges. However, railroad stations, maintenance buildings or other developed land used for railroad purposes shall not be exempt from stormwater service charges.

(e)

Developed land other than individual detached dwelling units, including but not limited to multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, agricultural uses covered by impervious surfaces, water reservoirs, and water and wastewater treatment plants may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the "Stormwater Utility Service Charge Credit Technical Manual." The stormwater service charge credit may be up to 50 percent of the service charge applicable to a property, and shall be proportional to the extent that on-site systems, facilities, services, and activities provided, operated, and maintained by the property owner reduce or mitigate the stormwater utility's cost of providing services and facilities.

(f)

Groups of detached dwelling units represented by an incorporated homeowner's association providing on-site systems, facilities, services or activities which reduce or mitigate the stormwater utility's cost of providing services and facilities may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the "Stormwater Utility Service Charge Credit Technical Manual." The stormwater service charge credit available to groups of detached dwellings units may be up to 50 percent of the service charge applicable to the individual properties, and shall be proportional to the extent that on-site systems, facilities, services, and activities provided, operated, and maintained by the homeowners association reduce or mitigate the stormwater utility's cost of providing services and facilities.

(g)

Any credit allowed against the service charge is conditioned on continuing compliance with the city's design and performance standards as stated in the "Stormwater Utility Service Charge Credit Technical Manual" and/or upon continuing provision of the systems, facilities, services and activities provided, operated and maintained by the property owner upon which the credit is based. A credit may be revoked by the city at any time for noncompliance.

(Code 1986, § 5-1-6; Ord. No. 12-2005, § 5-1-6, 5-9-2005)

A stormwater service charge will be added to the annual county ad valorem real estate tax billing and sent through the United States mail or by alternative means notifying the customer of the amount of the bill, the date the payment is due, and the date when past due. Failure to receive a bill is not justification for nonpayment. Initially, unpaid fees will be pursued from the person who incurred the fees; the owner of each parcel of developed land shall be ultimately obligated to pay such fee. If a customer is under billed or if no bill is sent for developed land, the city may back bill for a period of up to one year, but shall not assess penalties for any delinquency. A late charge shall be billed based on the unpaid balance of any stormwater utility service charge that becomes delinquent.

(Code 1986, § 5-1-7; Ord. No. 12-2005, § 5-1-7, 5-9-2005)

Any customer who believes the provisions of this chapter have been applied in error may appeal in the following manner:

(1)

An appeal must be filed in writing with the office of the city director of administration. In the case of service charge appeals, the appeal shall include a survey prepared by a registered land surveyor or professional engineer containing information on the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to rainfall events. Using the information provided by the appellant, the director of administration shall conduct a technical review of the conditions on the property and respond to the appeal in writing within 30 days.

(2)

In response to an appeal the director of administration may adjust the stormwater service charge applicable to a property in conformance with the general purpose and intent of this chapter.

(3)

A decision of the director of administration which is adverse to an appellant may be further appealed to the city council within 30 days of the adverse decision. Notice of the appeal shall be delivered to the city clerk by the appellant, stating the grounds for the further appeal. The city clerk shall issue a written decision on the appeal within 30 days. All decisions of the city council shall be served on the customer personally or by registered or certified mail, sent to the billing address of the customer.

(4)

All decisions by the city council shall be final.

(5)

The appeal process contained in this section shall be a condition precedent to an aggrieved customer seeking judicial relief. Any decision of the director of administration may be reviewed upon application for writ of certiorari before the superior court of the county, filed within 30 days of the date of service of the decision.

(Code 1986, § 5-1-8; Ord. No. 12-2005, § 5-1-8, 5-9-2005)

State Law reference— Prerequisites for suit against municipality, O.C.G.A. § 36-33-5.