A.   Title: This chapter shall be known as the STORMWATER UTILITY ORDINANCE for the city.

   B.   Purpose:

      1.   The city finds, determines and declares that the stormwater system, which provides for the collection, treatment, storage and disposal of stormwater, provides benefits and services to all property within the incorporated areas of the city. Such benefits include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, retention, treatment and release of stormwater, the reductions of hazards to property and life resulting from stormwater runoff, improvements in general health and welfare through reduction of undesirable stormwater conditions, and improvements to water quality in the stormwater and surface water system and its receiving waters.

      2.   In accordance with state law, the city desires to develop a stormwater utility in order to provide a funding mechanism to operate and maintain the city's stormwater management program and finance the necessary stormwater repairs, replacements, improvements and extensions necessary to protect the health, safety and welfare of the public. The stormwater utility purpose is to:

         a.   Administer and enforce this chapter;

         b.   Administer, plan and implement stormwater projects to protect, maintain, and enhance the environment of the city;

         c.   Implement activities necessary to maintain compliance with the national pollutant discharge elimination system (NPDES) permit and applicable regulations, 40 CFR section 122.26, for stormwater discharges;

         d.   Annually analyze the cost of service and benefits provided, and the system and structure of fees, charges, civil penalties and other revenues of the utility; and

         e.   Advise the city council and other departments on matters relating to the utility. (Ord. 2012.04, 1-18-2012)

      3.   The stormwater utility shall be part of the public works department and under the direction and supervision of the planning and zoning administrator, or his designee, who shall administer the provisions of this chapter as approved by the city council. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

This chapter shall govern all properties within the incorporated limits of the city. (Ord. 2012.04, 1-18-2012)

Words in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.

For the purpose of this chapter, the following definitions shall apply:

AGRICULTURAL PROPERTY: Property which is zoned agricultural and is designated as agricultural in the Toquerville City general plan.

BASE RATE: The stormwater user fee for a single-family residential property.

BEST MANAGEMENT PRACTICE OR BMP: The physical, structural and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by Toquerville City, and that have been incorporated by reference into this chapter as if fully set out therein.

CONSTRUCTION: The erection, building, acquisition, alteration, reconstruction, improvement or extension of stormwater facilities; preliminary planning to determine the economic and engineering feasibility of stormwater facilities; the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of stormwater facilities; and the inspection and supervision of the construction of stormwater facilities.

DEFICIENT PROPERTY: Real property that does not have adequate stormwater facilities as required in the latest edition of Toquerville City standards and specifications.

DEVELOPED PROPERTY: Real property which has been altered from its natural state by the creation of impervious areas, by the addition of any buildings, structures, pavement or other improvements.

EQUIVALENT RESIDENTIAL UNIT (ERU): The average of the total square footage of the impervious surface areas of developed single-family residential property within Toquerville City as approved by the city council.

EXEMPT PROPERTY: All public rights of way, public streets and public roads, public alleys, public sidewalks and public greenways within Toquerville City. For purposes of this definition, "public" shall mean that which is maintained by or is dedicated to Toquerville City, Washington County, state of Utah, or government of the United States.

FISCAL YEAR: July 1 of a calendar year to June 30 of the next calendar year.

IMPERVIOUS SURFACE: A surface which is compacted or covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, and any other oiled, graveled, graded, compacted, or any other surface which impedes the natural infiltration of surface water.

IMPERVIOUS SURFACE AREA: The number of square feet of horizontal surface covered by buildings and other impervious surfaces. All building measurements shall be made between exterior faces of walls, foundations, columns or other means of support or enclosure.

OTHER DEVELOPED PROPERTY: Developed property other than single-family residential property. Such property shall include, but not be limited to, commercial properties, industrial properties, parking lots, hospitals, schools, recreational and cultural properties, hotels, offices and churches. Such property shall also include single residential dwellings which are attached to or otherwise are a part of a building housing a commercial enterprise. Any single-family residential structure which contains more than two (2) attached dwelling units is specifically included in this definition.

PERSON: Any and all persons, natural or artificial, including any individual, firm or association, and any municipal or private corporation organized or existing under the laws of this or any state or country.

PROPERTY OWNER: The property owner of record as listed in the county tax assessment roll. A property owner includes any individual, corporation, firm, partnership or group of individuals acting as a unit, and any trustee, receiver or personal representative.

SINGLE-FAMILY RESIDENTIAL PROPERTY: A developed property which serves the primary purpose of providing a permanent dwelling unit to a single family. A single-family detached dwelling, a townhouse, an accessory apartment or second dwelling unit, a duplex, a condominium, a villa or a garden home is included in this definition.

STORMWATER: Stormwater runoff, snowmelt runoff, surface runoff, infiltration and drainage.

STORMWATER MANAGEMENT: The programs to manage quality and quantity of stormwater runoff.

STORMWATER SYSTEM: The natural or manmade system that collects, conveys, stores or otherwise treats or affects stormwater or surface water.

STORMWATER USER FEE: The utility service fee established under this chapter and levied on owners or users of parcels or pieces of real property to fund the costs of stormwater management and of operating, maintaining and improving the stormwater system in Toquerville City.

STORMWATER UTILITY: A management structure that is responsible solely and specifically for the stormwater management program and system.

STORMWATER UTILITY MANAGEMENT FUND: The fund created by this chapter to operate, maintain and improve the Toquerville City stormwater system.

SURFACE WATER: Waters upon the surface of the earth in bounds created naturally or artificially, including, but not limited to, streams, other watercourses, lakes, ponds, wetlands, marshes and sinkholes.

USER: The owner or customer of record of property subject to the stormwater user fee imposed by this chapter.

VACANT/UNDEVELOPED PROPERTY: Property on which there is no structure for which a certificate of occupancy has been issued. (Ord. 2012.04, 1-18-2012)

   A.   Funding for the stormwater utility activities may include, but not be limited to, the following:

      1.   Stormwater user fees.

      2.   Civil penalties and damage assessments imposed for or arising from the violation of this chapter.

      3.   Other funds or income obtained from federal, state, local or private grants.

   B.   To the extent that the stormwater user fees collected are insufficient to construct needed stormwater drainage facilities, the cost of the same may be paid from such city funds as may be determined by the city council. (Ord. 2012.04, 1-18-2012)

All revenues generated by or on behalf of the stormwater utility shall be deposited in a stormwater utility management fund and used to fulfill the purposes of the stormwater utility. (Ord. 2012.04, 1-18-2012)

The city council shall adopt, based on a recommendation from the stormwater utility, an operating budget for the stormwater utility management fund each fiscal year. The operating budget shall set forth for such fiscal year the estimated revenues and the estimated costs for operations and maintenance, extension and replacement and debt service. (Ord. 2012.04, 1-18-2012)

There shall be imposed on each and every developed property in the city, except exempt property, a stormwater user fee, which shall be set from time to time in the fee schedule as adopted by the city council and in the manner and amount prescribed by this chapter. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   A.   Established: There is established for the purposes of calculating the stormwater user fees the equivalent residential unit (ERU) as a method of measurement.

   B.   Defined: The ERU is the average of the total square footage of the impervious surface areas of developed single-family residential property with the city, as approved by the city council.

   C.   Setting ERU: The ERU shall be set by the city council in the fee schedule as adopted by the city council.

   D.   Source Of ERU: The city council shall have the discretion to determine the source of the data from which the ERU is established, taking into consideration the general acceptance and use of such source on the part of other stormwater systems, and the reliability and general accuracy of the source, including, but not limited to, the property tax assessor's rolls, site examination, mapping information, aerial photographs and other reliable information.

   E.   Evaluation Of ERU: The ERU shall be evaluated by the stormwater utility as necessary, but the ERU shall be evaluated at least every five (5) years. (Ord. 2012.04, 1-18-2012)

   A.   Property Classifications: For the purposes of determining the stormwater user fee, all properties in the city are classified into one of the following categories:

      1.   Single-family residential property;

      2.   Other developed property;

      3.   Vacant/undeveloped property;

      4.   Agricultural property; or

      5.   Exempt property.

   B.   Single-Family Residential Fee: The city council finds that the intensity of development of most parcels of real property in the city classified as single-family residential is similar and that it would be excessively and unnecessarily expensive to determine precisely the square footage of the impervious surface of each parcel. Therefore, all single-family residential properties in the city shall be charged a flat stormwater user fee, equal to the ERU base rate, regardless of the size of the parcel or the impervious surface area of the improvements, except as provided herein. Single-family residential property in which the impervious surface exceeds twenty thousand (20,000) square feet, including any detached accessory structures, shall be charged the same as the fee for other developed property.

   C.   Other Developed Property Fee: The fee for other developed property (i.e., nonsingle-family residential) in the city shall be the base rate multiplied by the numerical factor obtained by dividing the total impervious area (square feet) of the property by one ERU. The minimum stormwater user fee for other developed property shall equal the base rate for single-family residential property.

   D.   Vacant/Undeveloped Property Fee: The fee for vacant/undeveloped property shall be as follows:

      1.   If the property contains less than one thousand eight hundred (1,800) square feet of impervious surface, then no stormwater user fee shall be charged;

      2.   If the property contains one thousand eight hundred (1,800) square feet or more of impervious surface, then the property shall be charged based on the amount of impervious surface as other developed property, with the minimum charge being the single-family residential fee.

   E.   Agricultural Property: The fee for agricultural property shall be as follows:

      1.   If the property contains impervious surface in an amount equal to or less than the average ERU, then the minimum stormwater user fee for such property shall be the base rate for a single-family residential property;

      2.   If the property contains impervious surface in an amount greater than the average ERU, then the property shall be charged in the same manner as other developed property.

   F.   Exempt Property: There shall be no stormwater user fee for exempt property or as otherwise provided by state law. (Ord. 2012.04, 1-18-2012)

The city council shall, in the fee schedule as adopted, establish the base rate for the ERU. The base rate shall be calculated to ensure adequate revenues to fund the costs of stormwater management and to provide for the operation, maintenance and capital improvements of the stormwater system in the city. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   A.   The owner of each property shall be obligated to pay the stormwater user fee as provided in this chapter; provided, however, that if no water or sewer service is being provided at the property to the owner as a customer of record and such service is being provided to a customer of record other than the owner, it shall be presumed that the owner and such customer of record have agreed that the customer of record shall be obligated to pay such stormwater user fee. If the customer of record other than the owner refuses to pay the stormwater user fee, the owner of each parcel shall be obligated to pay the "stormwater user fee", as defined in section 10-25-3 of this chapter.

   B.   Nonresidential multi-tenant properties shall be billed according to the placement of utility meters, i.e., if the property contains individual unit meters, then billing for the stormwater user fee shall be billed to individual units based on the unit's pro rata percentage of impervious surface. If the multi-tenant property contains a master meter, then the stormwater user fee for the entire impervious surface area shall be billed to the customer of record for such master meter.

   C.   Each unit of a multi-tenant residential building shall be billed a minimum charge, the same being the single-family residential fee, to the customer of record for the unit. If an individual unit is not individually billed for any water or sewer service and is master metered, then the customer of record for the master meter shall be billed as other developed property based on the total impervious surface area. (Ord. 2012.04, 1-18-2012)

   A.   Rate And Collection Schedule: The stormwater user fee shall be billed and collected monthly with the monthly utility services bill for those properties within the corporate limits. The stormwater user fee for those properties utilizing city utilities is part of a consolidated statement for utility customers, which is generally paid by a single payment to the city. All bills for the stormwater user fee shall become due and payable in accordance with the rules and regulations of the city.

   B.   Delinquent Bills: The stormwater user fee shall be considered delinquent if not received by the city by the due date stated in the utility statement and subsequent late fees shall be imposed as set forth in the fee schedule adopted by the city. (Ord. 2012.04, 1-18-2012)

   C.   Penalty For Late Payment; Failure To Pay: Stormwater user fees shall be subject to a late fee established by the city council. The city shall be entitled to recover attorney fees incurred in collecting delinquent stormwater user fees. The city may discontinue utility service to any stormwater user who fails or refuses to pay the stormwater user fees and may refuse to accept payment of the utility bill from any user without receiving at the same time, payment of the stormwater user fee charges owed by such user and further may refuse to reestablish service until all such fees have been paid in full. (Ord. 2012.04, 1-18-2012; amd. 2014 Code)

   A.   Any person who disagrees with the calculation of the stormwater user fee, as provided in this chapter, may appeal such fee determination to the city council within ten (10) days after the date the payment is due. Any appeal not filed within the time permitted by this section shall be deemed waived.

   B.   All appeals shall be filed in writing and addressed to the mayor and shall state the grounds for the appeal and the amount of stormwater user fee the appellant asserts is appropriate.

   C.   The appeal shall provide such information and documentation supporting the basis of the appeal.

   D.   The city council shall review the appeal and determine whether the challenged determination is consistent with the provisions of this chapter. Appeals related to the stormwater user fee shall be decided based on substantiated evidence with a sound engineering and factual basis. All appeal determinations shall be applied utilizing a strict interpretation of this chapter.

   E.   The decision of the city council shall be final and conclusive.

   F.   If a refund is due, the mayor shall authorize the refund which will be provided as a credit against the customer's stormwater user fee billings until such credit is exhausted. (Ord. 2012.04, 1-18-2012)