Mound City Code 650.00
Section 650 – STORM SEWER SYSTEM
650.01 Storm Sewer System; Statutory Authority. Minnesota Statutes, section 444.075, authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities ("charges"). By this Section, the City elects to exercise such authority.
650.05 Findings and Determinations. In providing for such charges, the findings and determinations set out in this Section are made.
Subd. 1. In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City has constructed, operated and maintained a storm sewer system (the "system"). This Section is adopted in the further exercise of such authority and for the same purposes.
Subd. 2. The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this Section.
Subd. 3. In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the City and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the expected storm water runoff from the various parcels of land within the City during a standard one-year rainfall event.
Subd. 4. Assigning costs and making charges based upon expected typical storm water runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this Section undertake to establish a reasonable and practical methodology for making such charges.
650.10 Rates and Charges.
Subd. 1. Residential Equivalent Factor. Rates and charges for the use and availability of the system shall be determined through the use of a "Residential Equivalent Factor" ("REF"). For the purposes of this Section, one REF is defined as the ratio of the average volume of surface water runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one-year rainfall event.
Subd. 2. Determination of REF's for Land Uses. The REF's for the following land uses within the City and the billing classifications for such land uses are as follows:
|
Land Uses |
REF |
Classification |
|
Cemeteries |
.25 |
1 |
|
Parks and Railroads |
.75 |
2 |
|
Two-family Residential |
1.00 |
3 |
|
Single-family Residential |
1.00 |
4 |
|
Public and Private Schools and Institutional Use |
1.25 |
5 |
|
Multiple-family Residential Uses and Churches |
3.00 |
6 |
|
Commercial, Industrial and Warehouse Uses |
5.00 |
7 |
Subd. 3. Other Land Uses. Other land uses not listed in the foregoing table shall be classified by the City Manager by assigning them to the classes nearly like the listed uses, from the standpoint of probable hydrologic response. Appeals from the City Manager's determination of the proper classifications may be made to the City Council in the same manner as other appeals from administrative determinations under Subsection 350.510.
650.15 Establishing Basic Rate. In determining charges, the Council shall, from time to time, by resolution and after a public hearing, establish a basic system rate to be charged against one acre of land having an REF of one. The charge to be made against each parcel of land shall then be determined by multiplying the REF for the parcel's land use classification times the parcel's acreage times the basic system rate.
650.20 Standardized Acreage. For the purpose of simplifying and equalizing charges against property used for single-family and two-family residential purposes, each of such properties shall be considered to have an acreage of one-fifth acre.
650.25 Adjustments of Charges. The City Council may by resolution, from time to time, adopt policies providing for the adjustment of charges for parcels or groups of parcels, based upon hydrologic data supplied by affected property owners, demonstrating an actual hydrologic response substantially different from the REF being used for the parcel or parcels. Such adjustment shall be made only after receiving the recommendation of the City Manager and shall not be made effective retroactively. If the adjustment would have the effect of changing the REF for all or substantially all of the land uses in a particular classification, however, such adjustment shall be accomplished by amending the REF table in Subsection 650.10, Subd. 2.
650.30 Excluded Lands. No charge for system availability or service shall be made against land which is either (i) public street right-of-way or (ii) vacant and unimproved with substantially all of its surface having vegetation as ground cover.
650.35 Supplying Information. The owner, occupant or person in charge of any premises shall supply the City with such information as the City may reasonably request related to the use, development and area of the premises. Willful failure to provide such information or to falsify it is a violation of this Section.
650.40 Estimated Charges. If the owner, occupant or person in charge of any premises fails or refuses to provide the information requested, as provided in Subsection 650.35, the charge for such premises shall be estimated and billed in accordance with such estimate, based upon information then available to the City.
650.45 Drainage and Erosion Control.
Subd. 1. Drainage Plan. In the development, improvement or alteration of land, the direction, quantity or qualify of drainage shall not be changed unless plans for the development are submitted to the City Engineer. Run-off shall be properly channeled into a storm drain, watercourse, ponding area or other public facility.
Subd. 2. Erosion and Sediment Control Plan. Prior to the issuance of a building or grading permit for any development, improvement or alteration of land, a plan for erosion and sedimentation control shall be presented with the site plan. The erosion and sedimentation control plan shall specify the measures to be used before, during and after construction until the soil and slope are stabilized by permanent cover. These control measures shall be maintained in good working order until site stabilization occurs.
Subd. 3. Plan Approval. In areas which are susceptible to erosion hazard or sedimentation damage, the City may require the erosion and sedimentation control plan to be approved by the appropriate water management organization prior to the issuance of a permit.
Subd. 4. Approval. Plans and provisions required for compliance with this Section must be submitted to the City Engineer for approval.
(ORD. #98-1998 - 6-20-98)