Article 7

ARTICLE 7. STORM WATER MANAGEMENT PROGRAM AND UTILITY

15-701. DEFINITIONS.

For the purposes of this article, the following words and phrases shall have the meanings indicated:

(a) Billing period means the service period identified on the utility bill. Each account shall be billed monthly in arrears of the service period. A developed property that receives a city of Tonganoxie water or sewer utility service shall be billed monthly in arrears of the service.

(b) City manager means the city manager for Tonganoxie, Kansas, or his or her designee.

(d) Developed property means real property which has been altered from its natural state by the addition of any improvements such as buildings, structures, or other impervious area.

(e) Dwelling unit means a singular unit or apartment providing complete, independent living facilities for one or more persons including provisions for living, sleeping, eating, cooking, and sanitation.

(f) Exempt property means public rights-of-way, public streets, public alleys, and public sidewalks, as well as any property that the governing body classifies as exempt.

(g) Fee or storm water utility fee means the charge established under this article to be billed to customers/owners to fund the costs of storm water management program and of operating, maintaining, and improving the storm water system in the city.

(h) Fiscal year means the 12-month period commencing on the first day of January of any year.

(i) Governing body means the mayor and elected city council members as set out in Chapter 1 of this code.

(j) Impervious 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 causes 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, sidewalks, patios, most conventionally surfaced streets, pavement, driveways, parking lots, athletic courts and any other oiled, graveled, or compacted surface.

(k) Nonresidential property means any property that is designated by the utility billing system as nonresidential.

(l) Property owner means the property owner of record as listed in the county 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.

(m) Residential property means any property designated by the utility billing system as residential.

(n) Storm water management fund or fund means the enterprise fund created by this article to operate, maintain, and improve the city’s storm water system and for such other purposes as stated in this article.

(o) Storm water management program means the planning, design, construction, regulation and enforcement, improvement, repair, maintenance, control measures, public education, citizen participation, and operation of facilities and programs relating to water, floodplains, flood control, grading erosion, tree conservation, and sediment control.

(p) Storm water system means the system or network of storm and surface water management facilities including but not limited to inlets, conduits, manholes, channels, ditches on city property, drainage easements, city-owned retention and detention basin, infiltration facilities and other components.

(q) Undeveloped property means real property that has not been altered from its natural state by dredging, filling, removal of trees and vegetation, or other activities which have disturbed or altered the topography or soils on the property.

(r) Utility billing system means the system utilized by the city of Tonganoxie to create a periodic utility bill and any or all upgrades or modifications to that system.

(s) Storm water utility fee system means the utility created by this article for the purpose of implementing and funding the storm water management program.

(t) Water means any storm water, surface water, snow melt or ground water.

(u) Vacant improved property means unoccupied developed property that contains impervious area.

(Ord. 1437, Sec. 1)

15-702. FINDINGS AND STATEMENTS OF POLICY.

(a) The city maintains a system of storm and surface water management facilities including, but not limited to, inlets, conduits, manholes, channels, ditches, drainage easements, city-owned retention and detention basins, infiltration facilities, and other components. The storm water system in the city needs regular maintenance and improvements.

(b) All developed property in the city either uses or benefits from the maintenance of the storm water system. The extent of use of the storm water system by each property is dependent on factors that influence runoff, including land use and the amount of impervious surface on the property.

(c) The costs of improving, maintaining, operating, and monitoring the storm water system should be allocated, to the extent practicable, to all developed properties based on the impact of runoff from the impervious areas of the property on the storm water management system.

(d) Management of the storm water system to protect the public health, safety, and welfare requires adequate revenues and it is in the interest of the public to finance storm water management adequately with a user fee system that is reasonable and equitable so that each user of the system pays to the extent to which the user contributes to the need for it. The city is responsible for the provision of a planned and orderly system for managing and mitigating the effects of development on storm water and appropriate balancing between development and preservation of the natural environment. To accomplish these ends, the city desires to create a storm water management program and storm water utility pursuant to Charter Ordinance No. 28.

(e) The storm water management program will also initiate innovative and proactive approaches to storm water management within the city to address problems in areas of the city that currently are prone to flooding, protect against replication of these types of problems and the creation of similar problems in newly developing areas of the city, and assist in meeting the mandates of the National Pollutant Discharge Elimination System as created by the Federal Clean Water Act and associated state and federal laws and their supporting regulations.

(f) The storm water utility fee imposed by this article is neither a tax nor a special assessment, but a charge (in the nature of tolls, fees or rents) for services rendered or available.

(Ord. 1437, Sec. 1)

15-703. ESTABLISHMENT OF STORM WATER MANAGEMENT PROGRAM AND STORM WATER UTILITY.

Pursuant to the City Charter Ordinance No. 28, the city’s general home rule authority, its nuisance abatement authority, its police powers and all other authority, the governing body does hereby establish both a storm water management program and a storm water utility and hereby declares its intention to operate the same. (Ord. 1437, Sec. 1)

15-704. ADMINISTRATION OF THE STORM WATER MANAGEMENT PROGRAM; THE STORM WATER UTILITY.

The city manager, not in contravention of any city ordinance, resolution or regulation, shall have the power to undertake the following activities to administer the storm water management program: (a) To advise the governing body on matters relating to the storm water management program and to make recommendations to the governing body concerning the adoption of ordinances, resolutions, policies and regulations in furtherance of the objectives of the storm water management program. (b) The acquisition by gift, purchase or eminent domain of real and personal property, easements thereon and/or interests therein, necessary to construct, operate, and maintain storm water control facilities. (c) To undertake the engineering and design, debt service and related financing expenses, construction costs for new facilities, and enlargement or improvement of existing facilities, operation and maintenance of the storm water system. (d) Regulate, establish standards, review and inspect land use or property owner activities when such activities have the potential to affect the quantity, timing, velocity, erosive forces, quality, environmental value or other characteristics of storm water which would flow into the storm water management system or in any way affect the implementation of the storm water management program. (e) Monitoring, surveillance, and inspection of storm water control devices. (f) Water quality monitoring and water quality programs. (g) Retrofitting developed areas for pollution control. (h) Inspection and enforcement activities. (i) Analyze the cost of services and benefits provided by the storm water utility and the structure of fees, service charges, credits, and other revenues on a regular basis and make recommendations to the governing body regarding the same. (j) To undertake expenditures as required to implement these activities, including costs of capital improvements, operations and maintenance and other costs as may be required. (k) Other activities which are reasonably required. (Ord. 1437, Sec. 1)

15-705. CLASSIFICATION OF PROPERTY FOR PURPOSES OF DETERMINATION OF THE STORM WATER UTILITY FEE.

For purposes of determining the storm water utility fee, all properties in the city are classified into one of the following classes:

(a) Residential Property.

(1) Residential Fee. The council has determined that a flat storm water utility fee shall be charged against all residential properties classified as a dwelling unit. The council reserves the right to amend or adjust this storm water utility fee or to establish a formula for calculating the storm water utility fees at any time.

(b) Nonresidential Property.

(1) Nonresidential Property Fee. The council has determined that a flat storm water utility fee shall be charged against all nonresidential properties. The council reserves the right to amend or adjust this storm water utility fee or to establish a formula for calculating the storm water utility fees at any time.

(1) Vacant Improved Property Fee. The storm water utility fee for vacant improved property shall be the same as the fee applied to property if it were occupied. The storm water utility fee shall be assessed to the owner of record according to the billing procedures provided for in section 15-708.

(d) Undeveloped Property.

(1) Undeveloped Property Fee. There shall be no fee for undeveloped property.

(e) Exempt Property.

(1) Exempt Property Fee. There shall be no fee for undeveloped and exempt property.

(Ord. 1437, Sec. 1)

15-706. STORM WATER UTILITY FEE.

Effective April 30, 2018, a monthly service charge is imposed upon all developed property in the city to fund storm water management programs. Thereafter, the monthly service charge shall be calculated annually on January 1st and assessed monthly during the following 12-month period. This service charge shall be known as the storm water utility fee (“fee”). The fee shall be calculated to insure adequate revenues to fund the costs of the storm water management program and to provide for the operation, maintenance, and capital improvements of the storm water system in the city. The city manager shall make an annual recommendation to the governing body as to the monthly charge necessary to fulfill the proposed purpose of the storm water management program. The fees shall be as approved by the city council. (Ord. 1437, Sec. 1)

15-707. CHARGES FOR TAX-EXEMPT PROPERTIES.

The governing body finds that all real property in the city contributes to runoff and either uses or benefits from the maintenance of the storm water system. Therefore, except as otherwise provided in section 15-705, all developed property in the city, including property that is tax exempt from property tax, shall be charged the storm water utility fee. (Ord. 1437, Sec. 1)

15-708. WHEN STORM WATER UTILITY FEE PAYABLE; INTEREST AND PENALTIES; LIEN ON REAL PROPERTY; ABATEMENT OF SMALL AMOUNTS DUE.

The storm water utility fee shall become part of the monthly utility bill sent to utility customers to be paid in accordance with sections 15-101:106 and/or if the fee is not paid within the 30-day period following the date of the utility bill the cost shall be collected in the manner provided by K.S.A. 12-1115, and amendments thereto, or shall be assessed as special assessments against the lot or parcel of land from which the bill is due, and the city clerk, at the time of certification of other city taxes, shall certify the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levy of a special assessment and in the manner provided by K.S.A. 12-1115, and amendments thereto, but only until the full cost and applicable interest are paid in full. Any account that is inactive in the utility billing system shall not be charged for the storm water utility fee until the account becomes activated. (Ord. 1437, Sec. 1)

15-709. REQUESTS FOR APPEAL OR CORRECTION OF THE STORM WATER MANAGEMENT FEE.

A customer/owner may request an appeal or correction of the fee by submitting the request in writing to the city manager within 30 days after the date of the contested bill. Grounds for appeal or correction of the fee include: (a) incorrect classification of the property for purposes of determining the fee; (b) errors in the identification of the property subject to the fee. The city manager shall make a determination within 30 days after receipt of the customer/owner’s completed written request for appeal or correction of the fee. The city manager’s decision on a request for appeal or correction of the fee shall be final. A customer/owner must comply with all rules and procedures adopted by the city when submitting a request for appeal or correction of the fee and must provide all information necessary for the city manager to make a determination on a request for correction of the fee. The burden of proof shall be on the customer/owner to demonstrate, by clear and convincing evidence, that the determination of the city manager, from which the appeal is being taken, is erroneous. The city manager shall notify the customer/owner in writing of the decision. Failure to comply with the provisions of this section shall be grounds for denial of the request. The filing of a notice of appeal shall not stay the imposition or duty to pay the fee. If the city manager determines that the fee should not be paid or the amount is less than the amount appealed, the city shall issue a refund in the appropriate amount to the customer/owner. All refunds shall be without interest. (Ord. 1437, Sec. 1)