§ 510.60. Stormwater charge.

(a) Stormwater charge established . Subject to the provisions of this chapter, there is imposed on each and every single-family residential developed property, other residential developed property and non-residential developed property, and vacant property, other than exempt property, and the owner and non-owner users thereof, a stormwater charge. In the event the owner and non-owner user of a particular developed property are not the same, the liability for the owner and non-owner user for the stormwater charge attributable to the developed property shall be joint and several liability. This stormwater charge shall be determined and set by the provisions of this chapter in accordance with the ESU and ESU rate, which is established by ordinance or resolution of the city council and which may be amended from time to time by the city council.

(1)

Stormwater charge for single-family residential developed property. Three (3) classes of single-family residential developed property are established to account for the wide range of the amount of impervious area that exists on individual single-family residential developed properties in the city. The three (3) single-family customer classes are based on statistical sampling of estimated impervious area as developed from the city assessor's single-family residential developed real estate property records which includes: foundation square footage, garage stalls, estimation of driveway square footage and foundation square footage of any outbuildings/other improvements. Classification of the single-family residential developed customer class properties into the three (3) customer classes is made based on estimated impervious area. Single-family residential developed properties will be assigned to one (1) of three (3) single-family residential customer classes. The three (3) single-family residential customer classes are as follows:

a.

Single-family residential developed property/high — greater than one thousand five hundred seventy-eight (1,578) square feet of estimated impervious area.

b.

Single-family residential developed property/medium — equal to or greater than one thousand four hundred eighty-five (1,485) square feet and less than or equal to one thousand five hundred seventy-eight (1,578) square feet of estimated impervious area.

c.

Single-family residential developed property/low — less than one thousand four hundred eighty-five (1,485) square feet of estimated impervious area.

The stormwater charge for each of these classes shall be as follows:

High .....	1.25 % of an ESU
Medium .....	1 ESU
Low .....	.75 % of an ESU

 

In the event of a newly constructed dwelling unit, the charge for the stormwater charge attributable to that dwelling unit shall commence upon the issuance of the building permit for that dwelling unit.

(2)

Stormwater charge for other residential developed property . The stormwater charge for other residential developed property shall be the ESU rate multiplied by the numerical factor obtained by multiplying the gross area of a property by the runoff coefficient for the other residential developed property, as set forth in Table 1 (the actual coefficient will be defined at the time of the annual rate adoption) and then dividing the above product by the ESU, as this ESU is established by City Council resolution or ordinance ((gross square footage X runoff coefficient)/ESU = ## ESU). In the event of a newly constructed dwelling unit, the stormwater charge attributable to that dwelling unit shall commence upon the issuance of the building permit for that dwelling unit.

(3)

Stormwater charge for non-residential developed property. The stormwater charge for non-residential developed property shall be the ESU rate multiplied by the number of ESU's for each individual non-residential developed property. The number of ESU's for each individual non-residential developed property shall be obtained by multiplying the gross area of each individual property by the runoff coefficient for the customer class that is the most similar to the use to which that individual non-residential developed property is currently being put, as set forth in Table 1 (the actual coefficient will be defined at the time of the annual rate adoption) and then dividing the above product by the ESU, as this ESU is established by city council resolution or ordinance ((gross square footage X runoff coefficient)/ESU = ## ESU)). The minimum stormwater charge for any non-residential developed property shall be in an amount equal to that of one (1) ESU. In the event of newly developed non-residential developed property, the stormwater charge attributable to that development shall commence upon the issuance of the building permit. In the event of additional development to property that is already developed property, the charge for the stormwater charge attributable to that additional development shall commence upon the issuance of the building permit.

(4)

Stormwater charge for vacant property. The stormwater charge for vacant property shall be the ESU rate multiplied by the number of ESU's for each individual vacant property. The number of ESU's for each individual vacant property shall be obtained by multiplying the gross area of each individual property by the runoff coefficient for the vacant property class, as set forth in Table 1 (the actual coefficient will be defined at the time of the annual rate adoption) and then dividing the above product by the ESU, as this ESU is established by city council resolution or ordinance ((gross square footage X runoff coefficient)/ESU = ## ESU)). There is no minimum stormwater charge for vacant property.

(b)

Stormwater charge calculation . The director shall initially, and from time to time, determine the class of residential developed property into which each individual residential developed property falls to establish the stormwater charge, based on the impervious area of the parcel as shown in the single-family records maintained by the city assessor's office. The stormwater charge for other residential developed property, for non-residential developed property, and for vacant property in the city shall be calculated as provided for subsection (a)(2), (3) & (4). The director shall make the initial calculation with respect to existing other residential developed property, non-residential developed property, and vacant property and may from time to time change this calculation from the information and data deemed pertinent by the director. With respect to property proposed to be non-residential developed property, the applicant for development approval shall submit square footage impervious area calculations, in accordance with the submission requirements for the application being submitted, as set forth in the applicable section of Title 20 of this Code.

(c)

Stormwater charge credit . A system of credits, which may reduce the stormwater charge that is imposed, as provided for above, is hereby established. A credit shall be granted for developed or undeveloped property pursuant to the rules provided for herein. The director shall, pursuant to the rules provided for herein, grant a credit to those owners or non-owner users of properties, against which stormwater charges are imposed, who employ structural or non-structural best management practices or other stormwater management practices on-site that significantly reduce the quantity or significantly improve the quality of stormwater run-off from their property that enters the system. The director shall propose rules providing guidelines for the awarding of credits. The council shall approve, or approve as modified, these rules for the awarding of credits. The rules shall be consistent with this section. A credit also shall be granted in a percentage amount set by said city council pursuant to the rules for properties with respect to which a final plan or final plat has been approved or other final development approval has been granted by the city, on or before the effective date of this ordinance, which requires the construction of an on-site structural or non-structural best management practices or other stormwater management practices that significantly reduce the quantity or improve the quality of stormwater run-off from their property that enters the system, provided that, the practices are constructed and/or operational within one (1) year from the date of the applicable final approval. The credit shall begin in the fiscal year that the practice becomes operational. The credit for the first year, however, shall be prorated to reflect the number of months of the first fiscal year that the practices are operational, where appropriate. (2004-Or-132, § 1, 11-5-04)