The City of Kechi does hereby establish a Storm Water Utility, the purpose of which is to assist the City in its responsibility for the operation, construction, maintenance and repair of storm water drainage system facilities to provide adequate systems of collection, conveyance, detention, treatment and release of storm water and the reduction of potential hazards to property and life resulting from storm water runoff, improvement in general health and welfare through reduction of undesirable storm water conditions and improvements to the water quality in the storm and surface water system and its receiving waters. The Storm Water Utility shall have all the powers granted to it under the City’s Charter Ordinances.
(Ord. 1708-17)
The City shall be empowered to administer the Storm Water Utility and may delegate such duty and responsibility as is necessary to carry out the provisions of this Ordinance within the limits of the relevant Charter Ordinance, budget, directives and storm drainage regulations adopted by the governing body of the City for this utility.
(Ord. 1708-17)
The City shall adopt an operating budget for each fiscal year. The operating budget shall set forth, for each fiscal year, the estimated revenues and the estimated costs for the storm water utility. The initial operating budget shall be for the fiscal year commencing January 1, 2018.
(Ord. 1708-17)
(a) There is hereby assessed a monthly storm water utility fee against all property within the City. The owner, occupant and any person who is responsible for the payment of utilities at the property, shall all be jointly and severally responsible for the payment of said fee. Such fee shall be determined and set by the provisions of this chapter in accordance with the ERU and ERU rate which has been established by resolution of the Governing Body and that may be amended from time to time by the Governing Body. The fee shall be calculated as follows:
(1) Drainage Fee for Residential Developed Property. The stormwater utility fee for residential developed property shall be the ERU rate multiplied by the number of individual dwelling units existing on the property. Common areas, parking, on-site offices and similar improvements of apartment buildings and apartment complexes shall not be separately assessed. In the event of a newly constructed dwelling unit, the charge for the stormwater utility fee attributable to that dwelling unit shall commence upon the issuance of the certificate of occupancy for that dwelling unit, or if construction is at least fifty percent complete and is halted for a period of three months, then that dwelling unit shall be deemed complete and the stormwater utility fee shall commence at the end of the three-month period.
(2) Drainage Fee for Nonresidential Developed Property.
(A) The stormwater utility fee for nonresidential developed property shall be the ERU rate multiplied by the numerical factor calculated by dividing the total impervious area of a nonresidential developed property by the number of square feet in one ERU. The minimum stormwater utility fee for any nonresidential developed property shall be equal to one ERU rate. In the event of newly developed nonresidential developed property, the charge for the stormwater utility fee attributable to that development shall commence, or increase in the case of additional development to property which is already developed property, upon the issuance of the certificate of occupancy for such additional development, or in the event that no certificate of occupancy will be issued for that development, or in the event development has halted, then on the date that the Director determines in reasonable judgment that the development is substantially complete or has been halted for at least three months.
(B) In the event of separately metered nonresidential developed property with joint users of common impervious areas, the Director shall calculate and allocate the pro rata stormwater utility fee among the users. Any owner or nonowner user disagreeing with the Director’s calculation or allocation may appeal such determination to the Director as provided in this section.
(b) The Director shall initially, and from time to time, determine the number of dwelling units located on residential developed property in order to establish the stormwater utility fee provided by subsection (a)(1) of this section. Nonresidential real property in the City shall have its square footage of impervious area calculated in order to establish the stormwater utility fee provided by subsection (a)(2) of this section. The Director shall make the initial calculation and may from time to time change this calculation from such information and data deemed pertinent by the Director. In the event a property that is part residential and part non-residential, the Director shall determine the predominate use of the property based on square footage and the entire property shall be assessed as if it were all devoted to the predominate use.
(c) The monthly storm water utility fees set forth above shall be included as part of the monthly bill for utility services of the City, but shall be identified separately on said billing. Said fees shall be due at the same time as utility services of the City charges are due and the failure to pay said fees shall be considered a failure to pay utility services of the City charges and enforceable pursuant to the Code of the City. In addition, any time utility services of the City are established, or re-established to a property, all fees hereunder shall be paid current, as of the date such service is established or re-established. The storm water utility fee is intended to be exempt from or not subject to the retailers’ sales tax and should be interpreted accordingly. In the event that it is determined that retailers’ sales tax applies to the storm water utility fee or state law is amended, sales tax and any arrearages owed by the City shall be added to the fee after adoption of a resolution of the Governing Body authorizing the same.
(d) Any person who disagrees with the calculation of their storm stormwater utility fee or who believes that a reduction is justified based on the criteria in this section may appeal the determination of their fee to the Director. The appeal shall be in writing and state the full basis of the challenge. The Director shall thereafter hold an informal hearing. The Director, prior to such hearing, may request that the appealing party provide information concerning the basis of the appeal, as appropriate, if such information is deemed to be material by the Director. Based upon information provided, the Director shall make a determination of the storm stormwater utility fee for such property. The property owner shall have the burden of proof in any challenge of the calculation of the storm water utility fee and any successful challenge shall be prospective for any fee due after the date the written appeal is received. No refunds shall be issued. The Director shall notify parties in writing of the decision within twenty (20) working days.
(e) A person shall have the right to appeal the decision of the Director to the Governing Body. Such appeal shall be made within fifteen (15) days of the date of the written decision of the Director to the Governing Body. Such appeal shall be in writing specifying any and all legal and factual basis for such appeal and filed with the Director. Any basis not stated shall be deemed waived. A hearing on such appeal shall be held within thirty (30) days from the date of filing and the applicant shall be given seven (7) days advance notice of the time and date of such hearing. The Governing Body may establish such rules for any hearing that it deems necessary. Within ten (10) days after the conclusion of such hearing, the Governing Body shall render a decision in writing that sets forth findings that support its decision. The decision of the Governing Body shall be final and any further appeal of such decision shall be to the District Court pursuant to K.S.A. 60-2101(d).
(f) Definitions. In addition to the words, terms and phrases elsewhere defined in this chapter, the following words, terms and phrases as used in this chapter shall have the following meanings:
Director shall mean the City’s Public Works Director or his or her designee.
Dwelling Unit shall mean one or more rooms in a residential building which are arranged, designed, used or intended for use by one (1) family, and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof. A recreational vehicle (RV) pad that is available for lease to third parties shall constitute one-half (1/2) of a dwelling unit.
Equivalent residential unit or ERU means the average impervious area of residential developed property per dwelling unit located within the city limits as established by resolution of the Governing Body as provided herein.
Equivalent residential unit rate or ERU rate means a stormwater utility fee charged on each ERU as established by resolution of the Governing Body as provided herein.
Impervious area means the number of square feet of hard surface areas which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions as undisturbed 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 undisturbed property, including, but not limited to, roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, athletic courts, and compacted dirt or graveled areas.
Nonresidential developed property means developed property other than residential developed property.
Residential developed property means developed property used for dwelling units and includes, without limitation, single-family homes, mobile homes and mobile home parks, duplexes and apartment units, but does not include rooming or boarding houses, dormitories, hotels or similar facilities.
Undisturbed property means real property which has not been altered from its natural condition in a manner which disturbed or altered the topography or soils on the property to the degree that the entrance of water into the soil mantle is prevented or retarded.
(Ord. 1708-17; Ord. 1759-20)
The revenue generated by this storm water utility fee shall be held in a special fund, which is hereby created to be known as the Storm Water Utility Fund. Such funds shall be used only for the uses, functions and expenses as authorized for the City’s Storm Water Utility in its Charter Ordinance or otherwise in the Code. Nothing in this Article shall be deemed to limit or restrict the City’s ability to use and obtain other sources of funds for the same or similar purposes.
(Ord. 1708-17)