Chapter 13.02
STORMWATER UTILITY FEE
Sections:
13.02.010 Fees.
(1) The city is permitted to establish fees to support its local stormwater management program consistent with Article 2.3 (Section 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia or any other state or federal regulation governing stormwater management. Income derived from such fees shall be dedicated special revenue, may not exceed the actual costs incurred by a locality operating under the provisions of this section, and may be used only to pay or recover costs for the following:
(a) The acquisition, as permitted by Section 15.2-1800 of the Code of Virginia, of real and personal property, and interest therein, necessary to construct, operate and maintain stormwater control facilities;
(b) The cost of administration of such programs;
(c) Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater;
(d) Facility operation and maintenance, including the maintenance of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater;
(e) Monitoring of stormwater control devices and ambient water quality monitoring;
(f) Contracts related to stormwater management, including contracts for the financing, construction, operation, or maintenance of stormwater management facilities, regardless of whether such facilities are located on public or private property and, in the case of private property locations, whether the contract is entered into pursuant to a stormwater management private property program under subsection J of Section 15.2-2114 of the Code of Virginia or otherwise; and
(g) Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation.
(2) Each owner of property, including but not limited to condominium or unit owners’ associations, homeowners’ associations and townhouse associations, or condominium unit owners or leaseholders, within the corporate limits of the city shall be charged a monthly stormwater utility fee as provided in this section.
(3) Each owner of property, except as provided otherwise, within the corporate limits of the city shall be charged a monthly stormwater utility fee based on an equivalent residential unit (ERU) equal to $5.00 per ERU and square footage (sq. ft.) of impervious area deemed attributable to the property as follows for each applicable tier:
|
Tier |
Impervious Area (sq. ft.) |
Charge |
|
|---|---|---|---|
|
1 |
< |
3,400 |
$5.00 |
|
2 |
3,401 |
6,800 |
$9.80 |
|
3 |
6,801 |
10,000 |
$16.16 |
|
4 |
10,001 |
20,000 |
$28.84 |
|
5 |
20,001 |
30,000 |
$48.08 |
|
6 |
30,001 |
40,000 |
$67.30 |
|
7 |
40,001 |
50,000 |
$86.52 |
|
8 |
50,001 |
60,000 |
$105.76 |
|
9 |
60,001 |
70,000 |
$125.00 |
|
10 |
70,001 |
80,000 |
$144.22 |
|
11 |
80,001 |
90,000 |
$163.46 |
|
12 |
90,001 |
100,000 |
$182.68 |
|
13 |
100,001 |
200,000 |
$288.46 |
|
14 |
200,001 |
300,000 |
$480.76 |
|
15 |
300,001 |
400,000 |
$673.08 |
|
16 |
400,001 |
500,000 |
$865.38 |
|
17 |
500,001 |
1,000,000 |
$1,442.30 |
|
18 |
> |
1,000,000 |
$1,923.08 |
(4) To encourage the proper maintenance of private storm drainage and stormwater management facilities that convey stormwater and/or reduce the pollution and other adverse effects of stormwater, the stormwater utility fee tier credit specified in subsection (4)(f) of this section shall apply to qualifying property as follows:
(a) The owner shall apply for and demonstrate to the satisfaction of the administrator or designee that a credit is warranted.
(b) The total fee, after credits, shall not be less than the applicable fee for Tier 1.
(c) The storm drainage and stormwater management facilities must be privately constructed, owned, operated, and maintained.
(d) The storm drainage and stormwater management facilities shall be continuously operated in strict accordance with a documented private third party inspection and maintenance program approved by the administrator or designee.
(e) The storm drainage and stormwater management facilities shall have been designed to meet or exceed the minimum standards set forth per this chapter and established by the administrator or designee, including a requirement to treat all stormwater from all impervious surfaces on the parcel.
(f) The following tier credit reduction, not to exceed one tier credit as a reduction to the stormwater utility fee otherwise applicable, shall apply annually upon approval by the administrator or designee:
|
Facility |
Annual Tier Reduction Credit |
|---|---|
|
Storm drainage and stormwater quantity controls (detention with controlled outfall) |
One tier |
|
Storm drainage and stormwater quality controls (low-impact development and bioretention) |
One tier |
(g) Such credit is subject to annual third party inspection and review by the administrator or designee to ensure that the stormwater management facility is in continuous operation and that it is being properly operated and maintained consistent with the intent of the stormwater management program and the standards set forth in Chapter 13.01 SCC.
(5) Should any owner of property dispute the impervious area deemed attributable to a parcel, such owner may appeal by filing a written appeal in the office of the administrator no later than 10 calendar days after the date of the first billing of the stormwater utility fee. If the administrator or designee denies the appeal, at the owner’s sole expense, the owner may retain a Virginia-licensed land surveyor or professional engineer to perform and render an on-site, certified field measurement of the impervious area, and such certified descriptive and platted measurement filed with the office of the administrator shall constitute the deemed impervious area for purposes of the stormwater utility fee and shall remain in effect until other physical changes occur as to any impervious area on the property.
(6) Exceptions – Waivers – Contiguous Lots.
(a) Exceptions. Solely for the purpose of this section, “property” shall include only property that has been altered from its natural state by the addition of impervious area in a manner reducing the rate of infiltration of stormwater into the earth.
(b) Waivers. The stormwater utility fee shall be waived for the following:
(i) A federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that the waiver of charges shall apply only to property covered by any such permit;
(ii) Public roads and street rights-of-way that are owned and maintained by state or local agencies, including property rights-of-way acquired through the acquisitions process;
(iii) Cemeteries, which shall solely include any land or structure used or intended to be used for the interment of human remains.
(c) Contiguous Lots. As to any two contiguous lots over which a single-family residential structure is erected as of June 1, 2010, such lots shall be deemed one property and only one stormwater utility fee shall be charged and collected.
(7) To the fullest extent permitted by law, the stormwater utility fee shall be charged to owners of property including those as defined and as referenced in subsection (2) of this section, and collected as part of the bimonthly city user fees billing for water, sewer, and refuse, or charged and collected not less than every six months, with interest to accrue for any amounts remaining unpaid for 30 days after the date of the bill, or the final date on which it becomes payable, to equal to an annual rate of 10 percent, or such other maximum rate allowed by law, of the outstanding amounts, including accrued interest, or $1.50, whichever is greater, and with discontinuance and/or denial of city water and/or sewer service at any location of property of the owner after such charges and accrued interest have been delinquent after two months, with the charges and interest to constitute a lien against the property, ranking on a parity with liens for unpaid taxes. (Ord. 2024-23).