§ 8.28.060. Calculation of equivalent residential units and amount of charge.
A.
This subsection shall be used to determine the number of equivalent residential units (ERUs) for a property for purposes of determining the amount of stormwater utility (SWU) service charges and the water quantity component of the SWU. There are two types of uses: flat rate uses and measured uses. These are defined as follows:
1.
"Flat Rate" Uses. Improved properties that qualify under this section as flat rate uses shall be charged at the rate of one ERU per dwelling unit. The following uses shall be defined as "flat rate" uses:
a.
Single-Family Residence. A residential structure not attached to another residential structure on one or more parcels of land, providing there are not more than two residential structures on one parcel. This definition also includes trailers, mobile homes, and manufactured homes, if on separate parcels. Two separate dwelling units on a single parcel shall be charged one ERU per dwelling unit.
Three or more residential dwelling units on one parcel, whether attached or unattached, shall be considered a multiple-family residential use.
b.
Duplex. Two dwelling units joined to each other with a common wall, or one above the other, on one or two parcels. The units may be under one ownership, or owned separately. Each dwelling unit of the duplex shall be charged one ERU.
c.
Multi-Family Residential Use. Three or more dwelling units joined to each other horizontally or vertically, on one or more parcels. The units may be under one ownership or more. Each dwelling unit shall be charged one ERU. The owner of the taxed land parcel shall be deemed the user; except where multi-family dwelling units are individually metered the occupant of each unit is deemed the user and shall be charged one ERU.
d.
Condominiums. Each living unit of a condominium shall be charged one ERU. Unit is defined as living units and do not include supporting uses, such as garages, even though they may be on separate parcels.
e.
Mobile Home Parks. Includes mobile homes on a single tax lot (even if there are more than two per tax lot) under one ownership, where spaces are leased or rented for a mobile home or trailer to be placed. Each space in a mobile home park shall be charged one ERU whether or not there is a mobile home on the space. Other impervious areas contained within the boundaries of the mobile home park shall not be measured. The owner of a taxed lot shall be deemed the user.
2.
Measured Uses. Properties that are not flat rate uses shall be measured uses. For such uses, the impervious surfaces of the property, as defined by rule, shall be measured. The area shall be estimated using one or more of the following: aerial photographs, assessment records, building permits, construction plans, site visits, ad valorem property tax records, storm and surface water system connection permits, field surveys or other sources deemed reliable by the city connection permits, field surveys or other sources deemed reliable by the city.
This area shall then be divided by two thousand seven hundred fifty square feet of one equivalent residential unit within the city. The ERU for all of the uses in this subsection shall be determined by measuring the impervious area. All values shall be rounded to the next lowest whole number, but not less than one ERU.
a.
Commercial, Industrial, Institutional. These categories include the entire range of office, manufacturing service, sales, restaurant, daycare, nursery, warehouse, churches, schools, utilities, public service buildings, parks, hospital, nursing home, rest home, retirement home, and other similar uses. This category includes land with an impervious surface with no building improvements.
3.
General Policies.
a.
No Limit on Charge for a Measured Use. If a use is a measured use, its charge shall not be limited.
b.
Minimum Charge. The minimum charge for any parcel with impervious areas subject to the SWU charge shall be one ERU.
c.
Limited Charge. Notwithstanding subsection (A)(3)(a) of this section, governmental properties and cemeteries shall be charged a maximum of fifty dollars per location per month. For purposes of this chapter, governmental properties shall be defined as that owned property owned by either Mahaska County or the Oskaloosa School District only.
d.
Community Facilities. The flat rate category includes typical residential uses within a parcel or single ownership, as defined above. If a community or neighborhood recreation center or similar facility exists within a subdivision, even if associated with the single-family or duplex properties, that property shall be measured and charged separately to the user of that property.
e.
Seasonal Impervious Area. Properties which have areas that are impervious for only a portion of the year shall constitute seasonal impervious area. If an impervious area is in place for more than three months per year, it shall be subject to the SWU charge.
f.
Miscellaneous.
i.
No credits, exemptions, or reductions shall be given for impervious surfaces that are submerged for a portion of the year.
ii.
If impervious areas are so small they cannot be detected on aerial maps at a scale of one inch to fifty feet, then they shall not be included in the total impervious area.
iii.
A residence of any kind and a garage for that residence shall be charged one ERU, even if on two adjacent parcels.
iv.
In-ground swimming pools are exempted from SWU fees providing the filter drains are connected to the sanitary sewer system. Above ground swimming pools are exempt from SWU fees.
v.
Impervious areas are subject to the SWU fee regardless of the percentage of the entire property occupied by the impervious area.
vi.
The city may elect not to bill small measured use properties when the administrative cost of the billing exceeds the revenue generated.
4.
Roads. Public roads and private roads in residentially zoned areas of the city shall not be included in the measurement of impervious surface areas.
5.
Parking and Storage Areas.
a.
All parking and vehicle storage areas that are gravel or paved on a measured use parcel shall be considered impervious and subject to the SWU fee.
b.
All parking and vehicle storage areas part of a flat rate use parcel shall be considered a part of the impervious area of the flat rate use parcel.
6.
Railroad Facilities. Railroad facilities shall be included in the measurement of impervious area, but the rail grade itself shall be excluded as being pervious.
7.
Landscaping Exempted. Gravel areas that are used for landscaping or foot traffic and are not considered highly compacted shall not be considered impervious for purposes of determining the SWU fee.
8.
Exemption from SWU Service Charges.
a.
Users of properties for which all stormwater is disposed of on-site, as defined by city standards, may request an exemption from SWU service charges. No partial exemptions for disposal of only a portion of the storm and surface waters on-site shall be allowed. In order to qualify for service charge exemption, the user must design, construct and maintain an on-site facility that keeps all storm and surface water for the full range of storms during the year. This applicant for exemption must pay an initial inspection/review fee. For the purpose of this section, the term "property" means a parcel of land, or a group of adjacent parcels working in cooperation. The term "on-site disposal" means on the parcel, or on another parcel in the near vicinity of the parcel requesting the exemption.
In order to qualify for the exemption, the on-site system must encompass the entire property (except for incidental impervious areas as defined below), must be completely separated from the public system, and must provide adequate on-site disposal. Incidental area such as sidewalks, decks, and driveway aprons, shall not exceed ten percent of the total impervious area.
On-site disposal facilities that may qualify are dry wells, injection wells, retention basins with percolation/evaporation capacity, and retention basins with capacity large enough to accommodate the total of all storms through the year. Many of these may have a possible adverse effect on ground water, and some techniques may require approval of state, federal and local agencies.
b.
To qualify, an applicant must submit a request to the city for a waiver of monthly service charges relating to the property. This request shall include a certification from an engineer, or other evidence acceptable to the city, that shows the system is separate and will dispose of the full range and volume of stormwater through the year on-site. The applicant shall also submit a maintenance plan for assuring the system will function as designed. The application must be signed by the property owner.
An inspection/review fee shall be paid at the time of application. If the application is denied, the inspection/review fee will be credited to the service charges due. If the request for the waiver is made as part of the construction plans, this fee shall be waived.
A decision denying an exemption may be appealed. If approved, the waiver will be effective for the next billing cycle.
c.
The city retains the right to inspect the on-site measures to assure they are functioning as designed. If at any time the measures are found to not be effective, the exemption shall cease.
d.
"Conservation design credit" to recognize the reduction in stormwater runoff related to certain conservation design practices, the impervious area of facilities that are in accordance with approved conservation design practices will be reduced by a percentage of the total impervious area of that facility. The reduction is based on the impervious area subject to the conservation design practice and does not include a reduction of the total site impervious area or the impervious area of facilities that do not include conservation design practices. The maximum credit provided for any impervious area is the largest credit of applicable individual conservation design practices and a cumulative reduction is not allowed.
The reduction of the impervious area of facilities subject to conservation design practices is:
1. Green roof design 65% reduction 2. Porous pavement 50% reduction* 3. Rain gardens, bioswales and similar facilities 50% reduction * The reduction for porous pavement shall be valid for a period of five years. The city will inspect the porous pavement every five years and determine if the porous pavement continues to maintain the high porosity associated with porous pavement design. If the high porosity continues, the credit will be renewed for a period of five years. If the porosity has been decreased due to plugging or fouling, the credit will not be renewed.
B.
Rates. The rate for the service charge shall be two dollars per ERU. Said rates shall be established by council based upon estimated stormwater utility system actual costs. Said rates shall be periodically reviewed by the city council.
The estimated stormwater utility system actual costs may include funds that are budgeted for accumulation for future capital improvement projects even though said funds may not be expended during the fiscal year in which the revenue is budgeted for collection.
C.
Records. All ERU records for all properties within the city of Oskaloosa shall be kept on file in the city clerk's office and shall be available during normal office hours for examination.
D.
Deposit. All users of the stormwater utility may be subject to the provisions for utility deposit if established by rule of council.
(Ord. 1251 § 11, 2007; Ord. 1245 § 6, 2007)