CITY OF PEWEE VALLEY, KENTUCKY
ORDINANCE
# 2, SERIES 2009
AN ORDINANCE ESTABLISHING A
WATER QUALITY DRAINAGE SYSTEM
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF PEWEE VALLEY:
(1) INTENT & APPLICATION; ESTABLISHMENT OF SYSTEM
Pursuant to its authority under the provisions of KRS 82.082 and 91A.510 the City of Pewee Valley does hereby establish a Water Quality Drainage System to be acquired, constructed, improved, operated, maintained and funded as hereinafter set out.
(2) PURPOSES OF SYSTEM
(A) The purposes of the establishment of the system are to provide for possession, control and use of all storm and surface water drainage facilities in the city; to be responsible for maintenance of all storm water facilities, to improve, manage, operate and repair storm water facilities, to provide for effective management and financing of the system within the city, to provide methods for mitigating the damaging effects of uncontrolled and unplanned storm water runoff, to improve the public health, safety and welfare by providing for the safe and efficient capture and conveyance of storm water runoff and the correction of storm water problems, to authorize the establishment and implementation of a master plan (s) for storm drainage including design, coordination, construction, management, operation, maintenance, inspection and enforcement, to establish a reasonable Water Quality Service Charge based on each property’s contribution of storm water runoff to the system and to encourage and facilitate urban water resources management techniques including detention of storm water runoff, minimization of the need to construct storm sewers, and the enhancement of the environment.
(B) In order to accomplish such purposes, a Water Quality Service Charge shall be made on all real property within the city. The primary consideration in setting the Service Charge shall be each property’s contribution to runoff.
(C) The Water Quality Service Charge shall be fair and reasonable and bear a substantial relationship to the costs connected with the System. Rate studies shall be conducted periodically.
(D) Service Charges for residential properties of two or fewer dwelling units shall reflect the relatively uniform effect that residential development has on runoff. Large residential lots, parcels or tracts generally have a lower overall intensity of development than small residential lots because a lesser percentage of larger lots, parcels or tracts are covered with hard surfaced area. The effect of large residential properties on runoff is lowered by less imperviousness.
(E) Multi-family residential properties and land uses other than residential shall pay according to the amount of runoff as computed by multiplying the number of ERU’s times a charge per ERU.
(F) An Appeal and Service Charge adjustment process shall be created to review Water Quality Service Charges when unusual circumstances exist which alter runoff characteristics or when either service or benefit varies from normal conditions or when computation of ERU is disputed.
(3) DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“AVERAGE RESIDENTIAL IMPERVIOUS AREA”. The average square footage of impervious area on one and two family residential properties in the city as determined by sampling the one and two family residential properties.
“CITY”. The City of Pewee Valley, Kentucky.
“DEVELOPED”. The condition of real property altered from its natural state by the addition to or construction on the property of impervious ground cover or other man-made physical improvements such that the hydrology of the property or a portion thereof is affected.
“DEVELOPER”. A person, firm, partnership, corporation or other entity that excavates, builds or otherwise improves a specific parcel or tract of land.
“DRAINAGE SERVICE CHARGE”. The fee levied upon all developed real property within the boundaries of the city.
“EQUIVALENT RESIDENTIAL UNIT (ERU)”. The billing unit used in the formula for generating charges f or properties. The “ERU” for all one and two family residential properties shall be one. The “ERU” for each Class B property is calculated by dividing the impervious area of a property by the average residential impervious area, and rounding to two decimal points.
“EXISTING”. Present or in effect as of the time of the adoption of this ordinance.
“FACILITIES”. Various flood control, drainage works and storm water systems that include but are not limited to inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention basins, detention basins, other structural components, ditches, floodwalls, basins, pipes, walls, channels, creeks, ponds, drainage easements, drainage right-of-way, drainage dedications, and other interests in property used, dedicated, controlled, possessed, maintained or leased by the City, for drainage purposes, together with al appurtenances which connect or assist in drainage of water or flood control.
“IMPERVIOUS SURFACE”. Those hard surface areas either which prevent or retard the entry of water into the soil in the manner that the water entered the soil under natural conditions pre-existent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions pre-existent to development, including, without limitation, the surfaces as roof tops, asphalt or convert paving, driveways, and parking lots, walkways, patio areas, storage areas, or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.
“PREMISES”. A lot or parcel, and the building and other improvements situated thereon.
“STORM” and “STORM WATER” and “SURFACE WATER”. They are used as interchangeable terms.
“STORM WATER SYSTEMS and “STORM WATER DRAINAGE”. All man-made facilities, structures, and natural water courses used for collecting and conducting storm water to, through and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: inlets, conduits, appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levies, and pumping stations.
“STORM SEWER” or “STORM DRAIN”. A sewer which carries storm waters, surface runoff and drainage, but which excludes sanitary sewage and industrial waste other than unpolluted cooling water.
“SYSTEM”. The “WATER QUALITY DRAINAGE SYSTEM” created herein, which consists of the entire system of flood protection and storm water drainage and surface water runoff facilities owned or leased by the city or over which the city has right of use for the movement and control of storm drainage and surface water runoff, including both naturally occurring and man-made facilities.
“UNDEVELOPED”. That condition of real property unaltered by the construction or addition to the property by man of impervious ground cover or physical man-made improvements of any kind which change the hydrology of the property from its natural state.
(4) AUTHORITY OVER DESIGN, MAINTENANCE AND INSPECTION
(A) The City shall monitor the design, operation, maintenance, inspection, construction and use of all storm sewers, storm drains and storm water facilities in the city and shall have exclusive jurisdiction for the design and construction of public storm water facilities in the city and shall inspect, operate and maintain the facilities.
(B) The City shall have exclusive jurisdiction for the inspection, maintenance, repair, removal, construction and operation of drainage facilities on all city streets, boulevards, alleys, viaducts, sidewalks, curbs, street crossing, grade separation and other public ways and easements, and all drains, ditches, culverts, canals, streams, levees, tunnels and appurtenances thereof.
(C) The City shall implement and execute this ordinance by and through its Mayor-Council form of government under Kentucky Revised Statutes Section 83A.130, with the Council approving this Ordinance as well as the Water Quality Management User Fee Policy; then the Mayor executing said Ordinance and Policy.
(5) RULES AND REGULATIONS
(A) In order to accomplish the purpose of this ordinance, and to protect the System, to secure the best results from the construction, operation and maintenance thereof, and to prevent damage and misuse of any of the drainage facilities, improvements or properties within the city, the City, shall prepare necessary and reasonable rules and regulations (hereinafter referred to as the Water Quality Management User Fee Policy) which may include, but not be limed to, the following:
(1) To prescribe the manner in which storm sewers, ditches, channels and other storm water facilities are to be designed, installed, and adjusted, used, altered or otherwise changed.
(2) To prescribe inspection and other fees permitted by this ordinance.
(3) To prescribe the manner in which the facilities are operated.
(4) To facilitate the enforcement of this ordinance.
(5) To prescribe the collection procedures and timing of Service Charge bills.
(6) To protect the drainage facilities, improvements and properties controlled by the city and to prescribe the manner of their use by any public or private person, firm or corporation.
(7) To protect the public health, safety and welfare.
(B) The City Mayor shall submit the Water Quality Management User Fee Policy (and any changes, additions or amendments thereto) to the City Commission for approval, via a Municipal Order. The initial Water Quality Management User Fee Policy of the City of Pewee Valley, Kentucky is dated the 1st day of June 2009; and was passed via Municipal Order on the same date.
(6) PLAN REVIEW
(A) The City shall be responsible for all storm and surface water drainage plan reviews for all development in the city. Any person or organization removing, constructing, enlarging, altering, repairing, relocating, or demolishing a storm sewer, natural watercourse or other drainage facility, must first file an application and obtain a permit from the city.
(7) FUNDING
Funding for the system and other water quality activities connected therewith shall include, but not be limited to:
(A) Funds appropriated by the city;
(B) Storm drainage service charge;
(C) Permit and inspection fees;
(D) Direct Charges. This charge will be collected from owner and developers for the cost of designing and constructing Storm Water Facilities and administrative costs and related expenses where the city designs and constructs or contracts for the construction of the facilities.
(E) Other income obtained from federal, state, local and private grants or revolving funds.
(8) CAPITAL IMPROVEMENTS
The City will implement a capital improvements program. The City shall submit the capital improvement program which lists the capital improvements to the city for approval. Upon approval of the capital improvements program, the City shall have authority to proceed with, awarding of contracts, acquisition of property and construction of said projects and no other approval will be required.
(9) DRAINAGE RESPONSE SYSTEM
The City will operate and maintain a complaint response system in order to assure effective and timely response to all surface and storm water drainage complaints and shall regularly and timely issue report to the city as to the number and type of drainage complaints received and to the response made to the complaints.
(10) APPLICATION OF REVENUES
All monies collected through service charges and other fees authorized herein, shall be deposited in a special revenue account and shall be separately identified and accounted for in the city’s financial records. Collection and disbursement of such monies shall be administered according to generally accepted principles of governmental accounting. All such money shall be used for costs and expenses, including administrative costs and salaries, related to the Water Quality Drainage System established by this chapter.
(11) DELINQUENT ACCOUNTS
When any service charges remain unpaid for a period of 30 days for monthly billings and 45 days for quarterly billings after the same becomes due and payable, the property, the tenant and the owner thereof, shall be deemed delinquent until the time as all rates, fees and charges are fully paid; and the city may terminate public sewer, water and drainage service to that property and pursue its legal remedies against the tenant or owner to obtain payment.
(12) NO LIABILITY
Floods and storm water runoff may occasionally occur which exceeds the capacity of the system. This chapter does not imply nor create a duty on the city to insure that property subject to fees and charges established herein will always be free from flooding or flood damage, or that storm water systems capable of handling all storm events can be cost effectively constructed, operated or maintained. Nor shall this chapter create a liability on the part of, or cause of action against, the city, or any of their elected officials, officers, or employees for any flood damage or any damage that may result from storms or runoff thereof.
(13) PENALTY
Any failure of refusal to comply with the provisions of this chapter is hereby designated a violation. Each day that a violation of this chapter continues shall constitute a separate and distinct offense. Any person, firm or corporation who violates the terms of this chapter shall be fined an amount not to exceed $250.00 for each offense.
(14) EFFECTIVE DATE.
This ordinance shall take effect upon its reading and passage, in accordance with law.
First Reading: April 6, 2009
Second Reading: June 1, 2009
Passage and Approval: June 1, 2009
_______________________
Bob Rogers Mayor
ATTEST:
___________________
City Clerk
"Aye" Votes: Bethany Major Amy Johnson
Dana Barrette Carol Akers
Will Chambers Dick Filippini
"Nay" Votes: None
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_____________
_____________
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User Fee Policy |
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September 10th, 2009 |
Purpose
This document identifies and explains the basis, billing, and other related implementation issues associated with a water quality management user fee in the City of Pewee Valley, Kentucky. The goal is to develop and document procedures that facilitate a fair and equitable distribution of costs to properties in the City jurisdiction in order to address water quality management issues. This document also provides a basis for, and a guide to, implementing the local enabling ordinance.
Table of Contents
PURPOSE................................................................................................................................... E.1
2.0 Demonstration of Need for User Fee
7.0 Utility User Fee Billing Mechanism
8.0 Utility User Fee Rate Structure
8.7 Multiple User/Tenant Properties
8.10 Public Roadways and Rights-of-Way
8.11 Private Roadways and Rights-of-Way
8.12 Assumption of Partial Water quality Bills
8.15 Properties under Construction
8.18 Appeals and Accountability Process
Table 8.1. Property Classification by Land Use
1.0 Acronyms
List
|
BMP |
Best Management Practice |
|
COS |
Cost of Service |
|
ERU |
Equivalent Residential Unit |
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GIS |
Geographic Information System |
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KDOW |
Kentucky Division of Water |
|
LOS |
Level of Service |
|
MS4 |
Municipal Separate Storm Sewer System |
|
NPDES |
National Pollutant Discharge Elimination System |
|
POTW |
Public Owned Treatment Works |
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PVA |
Property Valuation Administration |
|
PY |
Permit Year |
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SFR |
Single Family Residential |
|
sMS4 |
Small Municipal Separate Storm Sewer System |
2.0 Demonstration
of Need for User Fee
There is a growing nationwide concern regarding preservation of “waters of the United States”, the related management of stormwater, and the associated cost of doing so. These concerns have prompted many communities to seek dedicated funding mechanisms for the high cost of improving storm drainage systems, managing flooding issues, and controlling stormwater pollution. By recognizing that storm drainage systems are infrastructure that requires ongoing management, a water quality utility can provide a source of funding for that purpose.
Currently, the City of Pewee Valley, Kentucky, is responding to public concerns and regulatory demands to address an increasing level of water quality management needs.
Public concerns and regulatory demands for increased water quality management services can be separated into two major categories: stormwater quantity (flooding and property protection); and stormwater quality (health and pollution management). The City is implementing activities to comply with the unfunded federal/state mandated National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer (MS4) Phase II “Stormwater Quality” permit program. This program, which started November 4, 2003, includes activities that the City must perform over a five-year permit term. It is expected that the permit will be indefinitely renewed and modified in five-year periods, and the increased cost to be borne by the City for this new long-term program is a primary driver in developing new revenue.
As these issues continue to intensify, there is an increased need to generate revenue to support the identified (and yet to be identified) unresolved water quantity and quality problems.
Program Mission Statement:
The City will implement a cost-effective water quality management program to address citizen expectations and regulatory demands for drainage system maintenance and flood control, to benefit the quality of local water resources, and to comply with environmental regulations.
3.0 State
Enabling Authority
Pursuant to State law, the City of Pewee Valley will establish a Water Quality Drainage System Ordinance that will include user fees for stormwater management activities.
4.0 Organization
Structure
Through its Mayor-Council form of government, the City of Pewee Valley will support and administer a water quality management utility.
The following entities will be responsible for the associated activities
4.1
CITY OF PEWEE VALLEY
a. Review of Proposed Construction Plans and Zoning Changes that impact stormwater quality, including construction site pollution and post-construction/long-term water quality management.
b. Oversight of inspection of private construction referred in Item a.
c. Development of plans for capital improvement projects needed to meet the LOS.
d. Oversight of inspection, as deemed necessary, of private post-construction/long-term water quality management.
e. Performance of construction inspections as required by the MS4 program including KDOW mandated monthly inspection report summaries.
f. Development and maintenance of a water quality infrastructure inventory in a digital format to include size, condition, construction materials, and other related data.
g. Coordination with the Oldham County PVA for the tracking of new properties.
h. Update impervious areas as necessary.
i. Collection of Plan Review and Inspection Fees.
j. Assistance and coordination to maintain the drainage and flood control system on a level that can be achieved with typical street maintenance equipment.
k. Coordination and/or implementation of KPDES and MS4 program including:
i. Assessment of effectiveness of the program activities
ii. Coordination of community complaints related to stormwater drainage quantity or quality
iii. Development of related reporting documents including annual compliance demonstration
iv. Ongoing development and implementation of a public awareness and involvement program
v. Ongoing development and implementation of an illicit discharge detection and elimination program
vi. Compilation and quality assurance of the monthly report to KDOW for construction inspection
vii. Compilation and quality assurance of municipal operations related to stormwater quality management at publicly operated facilities
viii. Coordination with other entities that may be involved with permit implementation
ix. Development and administration of grants the City applies for related to stormwater quality
x. Coordination of inspection of commercial properties for the maintenance of the water quality treatment systems and tracking of impervious area changes for the billing system
4.2
Highway Department
a. The KYTC is a co-permittee.
b. Maintenance of the drainage and flood control system on a level that can be achieved with accessible equipment and man-power.
c. Street sweeping, catch basin cleaning, ditch and drainage channel clearing, culvert and cross-drain repair, etc. necessary to maintain the MS4 to meet the expectations and KDOW water quality requirements.
d. Quantification and documentation the amount of debris and materials collected from street sweeping, catch basin cleaning, ditch and drainage channel clearing, etc.
e. Management and coordination of capital improvement projects under the guidance of the City of Pewee Valley.
4.3
OLDHAM County PVA
a. Coordinate the tracking of new properties, as needed to account for new impervious area and related billing system issues, with the City.
b. Coordinate with the necessary entities to maintain data associated with stormwater user fee billing including hard copy, database and GIS data.
5.0 Level
and Cost of Service
The City’s overall goal is to implement a user fee that is fair, equitable and legally defensible. A principal aspect of achieving this goal is to ensure that the revenues generated are less than or equal to the cost of service required to implement the selected and/or desired level of service. In essence, the City can collect up to, but no more than, the amount needed to perform the activities associated with stormwater quantity and water quality management. The City understands that for the water quality management utility user fee to be successful in the long-term, efforts must be made to clearly and frequently communicate the level of service. This is necessary from initial user fee development, through long-term implementation, to ensure public, elected official, and town staff expectations are balanced and consistent.
The water quality management user fee WILL provide fiscal support (in part or in total) to:
· KPDES MS4 ‘Phase II’ Permit - The activities as presented in the Stormwater Quality Management Plan (SWQMP) stormwater permit. This includes programmatic activities, education, outreach, illicit discharge identification and elimination, construction site management, post-construction management, municipal good housekeeping and other related activities.
· System and Facilities Maintenance – The repair and replacement, rehabilitation and otherwise general response maintenance of the stormwater conveyance and/or treatment systems within the public right-of-way.
· Capital Improvement Projects (CIP) – The construction of facilities, conveyance or treatment systems within a public right-of-way or easement.
· Revitalization – The preventative maintenance activities associated with drainage infrastructure improvements needed to achieve a desired average life cycle.
· Elected official, stakeholder and general public education – The activities needed to communicate progress and key issues to manage/maintain service expectations and make certain that demands for service do not exceed the available resources.
· Billing System Administration and Expenses - The costs incurred by the administration, production and mailing of the bill / invoice for water quality management fees.
It is anticipated that the user fee WILL NOT provide fiscal support to:
· Work in easements unless it is the judgment of the City that the improvement will directly benefit or protect the system in the adjacent public right-of-way.
· Stormwater system improvements outside of the public right-of-way unless it is the judgment of the City that the improvement will directly benefit or protect the system in the adjacent public right-of-way.
· Mowing or other maintenance activities of systems not within a public right-of-way
· Mowing or other maintenance activities of public drainage beyond that of a frequency and extent proportionately given to similar portions of the City’s system.
The revenue generated by stormwater management user fees can only be used to support stormwater management activities. The General Fund may be used to augment water quality management user fee revenue, but the water quality management user fee SHALL NOT be used to augment the City’s General fund, nor any other activities that are unrelated to water quality management.
6.0 Utility
User Fee - Rate
6.1
Initial Rate
An impervious area based user fee rate of $3.00 per Equivalent Residential Unit (ERU) per month will become effective July 1 , 2009. This rate is estimated to generate revenue that is not greater than the LOS/COS defined in Section 5.
6.2
Increases in Rate
The City recognizes that the user fee rate may, in time, need to be raised to account for a number of factors including:
· Increases in services for gradually building a new program/service
· Increases in costs due to inflation
· Increases in costs due to inflation effects on labor, equipment, and supplies
· Expanded service area
· Increases in citizens’ expectations for services
· Expanded services mandated by state and/or federal regulations
At the discretion of the City, the user fee rate may be increased to provide funding for issues presented above. The increase may only be submitted for City Council approval provided that it can be demonstrated that the new revenue to be generated is not more than the services provided.
6.3
Fund Balance and Debt
The revenue generated by the user fee is to be managed in a way to minimize reliance on debt products such as bonds and loans. The revenue is to be kept on-hand until it grows to sufficient levels to support program services. This will necessitate that some fiscal years will have more revenue than expenditures to account for anticipated liabilities/expenses that are beyond the fiscal year. However, the revenue reserves will be managed as not to accumulate monies for expenses/liabilities that are more than 15 years away. The revenue from this program will be managed with a net positive or null balance unless the negative balance is offset by debt products or subsidies from the general fund made at the discretion of the City.
Infrequent large/expensive projects benefiting many property owners supported by debt products may be utilized with the City’s discretion. The goal is to keep debt service payments to a small percentage and sustainable of the total revenue collected annually.
7.0 Utility
User Fee Billing Mechanism
The City will coordinate administration of the stormwater utility user fee billing with. Water quality management user fees will be paid first as the “last service/enterprise fund” in the case of partial payments by the user. This provides that in the event that a partial or no payment is made by the user then the City has the authority to apply enforcement measures already prescribed by “higher listed” services.
Data used to support the billing system will be maintained by the City of Pewee Valley in coordination with outside contractors.
8.0 Utility
User Fee Rate Structure
8.1
Eligible Properties
All properties that are expected to participate in other existing utilities (drinking water and wastewater) are expected to participate to an equitable level in the water quality management utility user fee. This includes:
· Privately owned property (including residential, commercial and industrial)
· Local state and federal governmental facilities
· Institutional properties (including not for profit entities such as churches, schools, etc.)
· Publicly owned properties (except for roadways as noted in VIII.J)
Vacant properties that are provided exemption under other statues/regulations/ordinances shall not be applied for an exemption of water quality user fees. As every property owner impacts water quality in some manner, there are no total exemptions for the user fee. However, 1) public roadways and rights-of-way are not classified as eligible user fee properties as described in Section VIII.J.
8.2
Rate Structure Approach
The City is utilizing an “impervious area rate structure” to serve as the basis for the user fee. The intent is to mimic the equitability found in other utilities. For example, the fee for drinking water is calculated by estimating the cost of treating and conveying the amount of drinking water measured by a meter. Nationally, the most accepted equivalent measure for stormwater runoff is estimation and calculation of impervious area, which correlates to the relative stormwater impact from the property. It is not intended to measure the specific amount of stormwater runoff that drains off of a piece of property, but, it provides a quantifiable measure to compare the wide variety of property types and sizes. In essence, properties with more impervious area (resulting in more stormwater runoff than other properties) will pay a higher user fee. While all properties pay at the same rate, their user fee varies depending on how many “impervious area units” (explained in more detail in VIII.C) the property has.
In example, a residential property will have one impervious area unit and will pay a flat rate (times 1). In contrast, a commercial property with a large parking lot and building totaling five times more impervious area (thus having five impervious area units) will pay five times that of the residential property.
An Equivalent Residential Unit (ERU) is a calculation / average from a statistical sampling of all single-family residence (SFR) properties. The impervious area (rooftops, driveways, etc.) is measured for each of the sample properties using digital orthogonally rectified aerial photography. ERU’s have been calculated throughout the country, ranging from 1,500 to 4,000 square feet, with many ERU calculations at or around 2,500 square feet. The City has decided to adopt an ERU based on a statistical sampling of residential properties in the City of Pewee Valley of 6,700 square feet, consistent with similar area utilities.
The ERU may be changed at any time the City Council suspects that new development trends have substantively altered the average or the user fee rate structure is to be altered in such a way to necessitate change. Any change in ERU will be based on impervious area calculations of a new statistical sampling of residential properties in the City of Pewee Valley, or on a national average ERU.
8.3
Property Classification
Each residential property shall be assumed to have a single impervious area unit. That unit shall be referred to as the ERU (as defined in Section V.III.B) and shall include land use codes indicated as residential in the table below. Vacant properties, as indicated in the table below, shall not be assessed. All other eligible properties that are indicated as non-residential properties in the table below will be individually assessed a billing unit based on a measured estimate of impervious area.
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Property Class Code |
Property Class |
Billing Type |
Billing Rate (ERUs) |
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1XX |
Agriculture |
N |
Calculated |
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100 |
Agriculture-Vacant |
W |
0-not billed |
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2XX |
Mineral |
N |
Calculated |
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200 |
Mineral-Vacant |
W |
0-not billed |
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3XX |
Industrial |
N |
Calculated |
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300 |
Industrial-Vacant |
W |
0-not billed |
|
4XX |
Commercial |
N |
Calculated |
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400 |
Commercial -Vacant |
W |
0-not billed |
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50X |
Residential Vacant |
V |
Normally not billed |
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51X |
Residential – 1 Family |
R |
1 |
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52X |
Residential – 2 Family |
R |
1 |
|
53X |
Residential – 3 Family |
N |
Calculated |
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54X |
Residential – Mobile/Manufactured Home |
R |
1 |
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55X |
Residential – Condominium |
N |
Calculated |
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56X |
Residential – Townhouse |
N |
Calculated |
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59X |
Residential – Other |
N |
Calculated |
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6XX |
Exempt |
N |
Calculated |
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600 |
Exempt-Vacant |
W |
0-not billed |
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710 |
Personal – Property mobile home |
R |
Not billed |
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8XX |
Utility |
N |
Calculated |
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800 |
Utility-Vacant |
W |
0-not billed |
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N = Non-resident; R = Resident; W = Non-residential vacant; V = Residential Vacant |
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The impervious area calculation shall include area estimates for:
· Rooftops of houses and permanent or semi-permanent buildings
· Asphalt, concrete, and stone
· Sidewalks and paths
· Driveways
· Parking Lots
· Recreational areas such as tennis courts, basketball courts, etc.
· Motor homes and trailers
· Permanent and/or semi-permanent covers such as greenhouses
· Areas that appear to have been compacted or modified to prevent infiltration to the level of the surrounding area as determined by the City.
The impervious area units for non-residential / SFR properties will not be assessed by an average as explained for residential properties above. The impervious area and billing units for Non-SFR properties will be individually calculated using digital orthogonally rectified aerial photography. The ERU will be applied as a factor to the individually calculated impervious areas of non-SFR properties to determine the user fee. The individually calculated factor will indicate the number of times more impervious area that a non-SFR property has. This will be used to calculate the corresponding fee.
For example, if a non-SFR property (corner drug store) has an impervious area that is four times larger than the ERU / average SFR, then it will pay a user fee that is four times higher than the residential properties. The number of ERUs for a non-SFR property will be rounded to the nearest whole number.
In the case of institutional or local, state, or federal government properties that are used for residential purposes, the property will be billed as residential (1 ERU) if the property otherwise meets the criteria for an SFR (i.e., up to two-family dwellings). Otherwise, the property will be billed as non-SFR and will be individually assessed based on ERU.
The City will determine the impervious area for existing developments as of January 1, 2009. The City is responsible for determining the impervious area of new development after this point; the impervious area will be determined by as-built plans that been submitted and approved by the Planning Commission.
8.4
Offsite Owner Properties
For parcels that are utilized as rental or lease tenant property, the billing will be sent to the property owner address rather than the property address, as provided/determined/maintained by the County PVA office. However, the City has the discretion, but not the requirement, as determined appropriate by the County PVA, to send the bill to the property address for residential property.
8.5
Property Transfers
In the event that a property title is transferred during the course of a billing year, the buyer and seller will each pay a prorated stormwater fee based on the recorded date of transfer.
8.6
Contiguous Parcels
Through the long-term history of development and redevelopment in the City of Pewee Valley, multiple contiguous parcels have been consolidated through use, but not through County PVA and other land management policies. Stormwater user fee charges for multiple parcels may be consolidated into a single stormwater user fee account provided that the following criteria are met:
· The parcels are contiguous – as verified by the City.
· The parcels have the same specific land use.
· The parcels have the same owner who is also the user fee charge recipient.
· The owner has completed the certification form in Appendix A.
8.7
Multiple User/Tenant Properties
Non-SFR properties that are utilized by two or more companies, persons or other entities shall be billed to a single property owner/designated operator regardless of how many sub-parcels or other utility segregating mechanisms such as water meters it contains. A single property that has multiple tenants or other segregations may not be given multiple bills unless the property has been subdivided and each parcel has a separate owner(s).
8.8
Condominium Properties
Single-level residential condominium properties shall be billed as Non-SFR. However, if requested in writing using the form in Appendix B, the City may at their discretion apply all charges to a single common property manager / owner. Multi-level residential condominium properties shall be billed as non-SFR.
Common areas including but not limited to pools, outbuildings, recreation courts, and other related impervious area will be charged to the condominium association operating the properties. If such an association does not exist, then the individual properties will be evenly assessed the additional impervious area.
8.9
Mobile Home Parks
Mobile home parks will be categorized as non-SFR properties and billing sent to the property owner. The billing units / ERUs will be calculated based on the currently available digital orthogonally rectified aerial photography. If in the City’s opinion, the property has expanded or is being utilized to a significantly higher level as to require a reassessment, then the ERUs to be assigned to the property may be estimated by using one of the following techniques:
· Field survey
· Use of updated digital orthogonally rectified aerial photography
· Use of the “old” digital orthogonally rectified aerial photography supplemented by a hand count of “occupied trailer lots” and the size of the type of trailer units as estimates from the “old” digital orthogonally rectified aerial photography.
8.10
Public Roadways and Rights-of-Way
Public roadways and rights-of-way collect and convey a significant portion of stormwater runoff, as well as provide a substantive element of the conveyance system. In this capacity and as commonly assumed in other water quality management user fees across the country, these areas will not be assessed a stormwater user fee.
8.11
Private Roadways and Rights-of-Way
Private roadways and rights-of-way are a substantive element of the conveyance system. In this capacity and as commonly assumed in other water quality management user fees across the country, these areas will not be assessed a water quality user fee.
8.12
Assumption of Partial Stormwater Bills
On certain parcels of property, impervious areas were built on the parcel for the exclusive use of another entity. Examples are pump stations, transmission towers, electrical substations that may be built on utility easements and private roads that cross property lines. The entity who built the structure may accept responsibility for the part of the water quality bill that applies to the structure. An agreement must be made whereby the entity who built the structure/road agrees to pay the water quality bill for the impervious area even though it is on the parcel owner’s property using the form found in Appendix C.
8.13
Vacant Properties
For stormwater, a vacant property is defined as a property without impervious area. A vacant property will normally not get a water quality bill. The exception to this case is when contiguous parcels (section 8.6) include both residential and residential vacant parcels. In this case the water quality bill may be sent to either the residential or residential vacant parcel but not to both.
8.14
Agricultural Properties
For this document “Agricultural Properties” will be defined as a property that classified as agricultural by the County PVA. Agricultural properties will be assessed in the same manner as Non-SFR properties.
8.15
Properties under Construction
The water quality fee for properties under construction will be billed to the owner of record as of January 1 of the billing year. The builder or developer is responsible for stormwater charges until such time as the property is sold or transferred, at which point the buyer and seller will be responsible for prorated charges based on the date of transfer.
8.16
Annexation
In the event that a property is annexed into an incorporated portion of the City of Pewee Valley during the billing year, the property will be charged a prorated stormwater fee for the year based on the date of annexation.
8.17
Initial Billing Errors
During the water quality billing system development process, errors will be made and not discovered until after billing begins. Depending on the type of error that was made, adjustments will need to be made to a customer’s water quality bill. In the case of a billing error, the property owner shall have the option to pay the current bill and to have the corrected water quality charges and any adjustment appear on the next water quality bill. The threshold for retroactive billing adjustments is six (6) months.
8.18
Appeals and Accountability Process
Any non-SFR property may appeal the number of billing units / ERUs assessed. Any expense necessary for development of data or other materials shall be borne by the appealing entity / property owner and not borne by the City. The appeal will be accepted and evaluated by the City of Pewee Valley. The appeal must contain the impervious square footage as estimated by one of the following ways:
· Field survey utilizing total station or GPS data certified by a Land Surveyor licensed in the Commonwealth of Kentucky.
· Other survey using digital orthogonally rectified aerial photography utilized by a Land Surveyor licensed in the Commonwealth of Kentucky.
· As-built plans certified by a Land Surveyor licensed in the Commonwealth of Kentucky to be representatively accurate of all “new” construction and a whole and accurate representation of all “previously constructed” impervious area on the property.
Construction design plans ARE NOT acceptable for this estimation.
In the event that the appeal is accepted by the City as demonstrating a more accurate estimate, albeit of greater or lesser impervious area, then it will be applied to future billing. If a credit to the property owner is due, credit will be applied for the difference in the user fee for the LESSER of:
· One-hundred eighty (180) days.
· One (1) billing cycle.
· The date of property ownership transfer.
In the event that the appeal is denied by the City to be a less accurate estimate, then the property owner has the option to take the matter before the City for final acceptance or denial. The property owner and the Land Surveyor licensed in the Commonwealth of Kentucky who certified the calculations shall appear before the City to argue for final appeal. The decision of the City will be final and not to be reconsidered until a time the property owner can submit other suitable data.
Appendix A
Request for Consolidation of Contiguous Parcel Water Quality Fees
Appendix A. Request for Consolidation of Contiguous Parcel Water Quality Fees
I, hereby certify and attest that I own the contiguous properties at , located in the City of Pewee Valley, Kentucky also indicated with the following parcel identification numbers. Consolidate these parcel identification numbers to the master parcel identification number and account billed to the address below.
Master Parcel No.
Billing Address
As such I acknowledge and accept that I will be charged and will pay in a timely manner all Water Quality user fees applied under the interim and regular fee schedules according to City Code. I certify and attest that this information is true and correct under penalty of applicable state and local laws. I request that these Water Quality accounts be consolidated for the purposes of Water Quality user fee billing.
Certifier and Applicant City Engineer (Witness)
Printed Name Printed Name
Signature Signature
Date Date
Appendix B
Request for Consolidation of Condominium Water Quality Fees
Appendix B. Request for Consolidation of Condominium Water Quality Fees
I, hereby certify and attest that I represent the condominium properties at , located in the City of Pewee Valley, Kentucky also indicated with the following parcel identification numbers. Consolidate these parcel identification numbers to the master parcel identification number and account billed to the address below.
Master Parcel No.
Billing Address
As such I acknowledge and accept that I will be charged and will pay in a timely manner all Water Quality user fees applied under the interim and regular fee schedules according to City Code. I certify and attest that this information is true and correct under penalty of applicable state and local laws. I request that these Water Quality accounts be consolidated for the purposes of Water Quality user fee bulling.
Certifier and Applicant City Engineer (Witness)
Printed Name Printed Name
Signature Signature
Date Date
Appendix C
Assumption of Partial Water Quality Bill Agreement
Appendix C. Assumption of Partial Water Quality Bill Agreement
I, own the following property:
Master Parcel No.
Billing Address
Hereinafter referred to as the OWNER.
And I, own the following property:
Master Parcel No.
Billing Address
Hereinafter referred to as the ASSIGNEE.
By Virtue of this Agreement, the ASSIGNEE agrees to pay for equivalent residential units (ERUs) of impervious area from the Owner’s parcel being described as to dimensions in Attachment "A". Said Attachment shall be considered the legally controlling description of this agreement. This impervious area ERU will be deducted from the OWNER’s property and added to the ASSIGNEE’s property impervious area measurement. Should the ASSIGNEE fail to make the payment then the responsibility will revert back to the OWNER. This agreement may be terminated by either party by giving written notice to the other party with thirty 30 days notice. The adjustment in Water Quality service fees will not be reflected until the billing year following the year the agreement is agreed to or terminated.
Owner Assignee
Printed Name Printed Name
Signature Signature
Date Date