Division V. Stormwater System Fee
Chapter 13.200
STORMWATER SYSTEM FEE
Sections:
13.200.010 Creation – Premise.
13.200.030 Dedicated fund – Fund uses.
13.200.040 Determination of amount, billing and collection of fee.
13.200.050 Administrative provisions and appeals.
13.200.010 Creation – Premise.
A stormwater system fee (SSF) is hereby created and imposed, the amount and calculation of which is to be set by council resolution. The revenue from the SSF shall be used to pay costs associated with the planning, management, construction, preservation, maintenance and where necessary, alteration of the city’s stormwater system as defined herein. The SSF shall be paid by responsible parties for developed property located in the city. The SSF is premised on both the direct and indirect use of or benefit from the provision and use of the city’s stormwater system and is neither a property tax nor subject to the limitations of Article XI, Section 11 of the Oregon Constitution. (Ord. 13-04 § 1, 2013)
13.200.020 Definitions.
As used in this chapter, the following phrases are defined and as follows:
A. “City” means the city of Silverton, Oregon.
B. “City utility services” means either or both the city’s water and sanitary sewer utility(ies).
C. “Developed property” means legally identifiable real property lots located in the city altered from their natural state by the addition of improvements such as buildings, structures or other impervious surfaces. “Improved” includes both structures (habitable or otherwise) and parking surfaces. The phrase “developed property” does not include government owned or controlled property.
D. “Equivalent dwelling unit” or “EDU” is the average measure of impervious surface (measured in square feet) found on developed property in the city’s R-1 zone. One EDU equals 3,121 square feet. All developed property in the city regardless of zoning designation, having as its primary improved use a single-family residential structure, is deemed to have one EDU.
E. “Impervious surface” means a surface area compacted or covered with material designed to be resistant to infiltration by water (such as brick, concrete, asphalt, stone, roofing) including most conventionally surfaced driveways, patios, walkways, parking lots and roofs.
F. “Responsible party” means person(s) whom either by ownership or occupancy of developed property (or pursuant to contract) are responsible for payment of city utility services provided that developed property. For any developed property not otherwise required to pay a city utility bill, “responsible party” shall mean the owner of the developed property or the person(s) legally entitled to occupancy thereof, unless a person/party other than an occupant or owner has agreed to pay for city’s utility services in which case they would be the responsible party.
G. “Stormwater system” or “system” means the city owned, managed and/or controlled storm and surface water system (including its component parts) such as inlets, conduits, manholes, channels, gutters, ditches, drainage easements, retention and detention basins, and infiltration facilities excluding city owned or controlled roadway surfaces and sidewalks. (Ord. 13-04 § 1, 2013)
13.200.030 Dedicated fund – Fund uses.
All SSF monies are to be deposited to a dedicated fund the proceeds of which are to be used for the planning, management, construction, preservation, maintenance and where necessary, alteration of the system. (Ord. 13-04 § 1, 2013)
13.200.040 Determination of amount, billing and collection of fee.
A. The SSF amount and calculation thereof shall be established by council resolution and be based on the amount of equivalent dwelling units (or portion thereof) above one developed property in the city has.
B. The SSF will be billed and collected from the responsible party for each developed property in manners similar to that used for city utility services.
C. The city’s finance director, under the direction of the city manager, shall be responsible for collection of the SSF.
D. The SSF shall be billed to and collected monthly from the responsible party and be included as part of the billing(s) for city utility services. If particular developed property neither utilizes nor is billed for city utility service, a separate SSF bill for that developed property will be sent the responsible party. SSF billings are due and payable on the same schedule as billings for city’s utility services.
E. Payments on billings for city utility services applied in the following priority:
1. To any park fee established under Chapter 12.48 SMC;
2. To any street maintenance fee established pursuant to Chapter 13.100 SMC;
3. To the SSF established pursuant to this chapter; and then
4. To charges for city utility services.
A city utility services account is delinquent if any of the aforementioned fees are not paid by the date shown on the city utility services billing. The city may follow procedures for collection of delinquent city utility services accounts including termination of city utility services. (Ord. 13-04 § 1, 2013)
13.200.050 Administrative provisions and appeals.
A. The city manager, in consultation with the public works director and finance director, has authority to interpret all terms, provisions and requirements of this chapter including determination of appropriate charges and priority of collection thereunder consistent with council resolution establishing the amount thereof.
B. A responsible party may request reconsideration of a determination by the city manager made pursuant to subsection (A) of this section by filing a written application therefor. The application shall be submitted in sufficient detail to enable the city manager to render a decision on the issue presented and not later than 30 days of the date of the determination for which review is sought.
C. Within 30 days of the submission of a completed application for reconsideration, the city manager shall issue a decision thereon. The decision of the city manager is final but may be reviewed consistent with the terms of ORS 34.010 to 34.100. (Ord. 13-04 § 1, 2013)