City Council Ordinance 718ORDINANCE 718
ORDINANCE AMENDING MONTICELLO CITY CODE BY ADDING TITLE 7,
CHAPTER 11 ESTABLISHING A STORMWATER UTILIY
Section 1. STORMWATER UTILITY
11.1 STORMWATER UTILITY ESTABLISHMENT.
There is hereby established a public utility to be known as the Stormwater Utility for the City of
Monticello. The stormwater utility shall be operated as a public utility pursuant to the authority
of Minn. Stats. § 444.075. Stormwater utility revenues shall be subject to the provisions of
this section and Minn. Stats. § 444.075.
11.2 PURPOSE.
The purpose of this article is to provide a funding mechanism for the following services:
(1) The administration, planning, analysis, installation, operation, maintenance, and
replacement of public drainage systems.
(2) The administration, planning, implementation, construction, and maintenance of
stormwater best management practices (BMPs) to reduce the introduction of sediment and other
pollutants into local water resources.
(3) Other education, engineering, inspection, monitoring, testing, and enforcement
activities as necessary to maintain compliance with local, state, and federal stormwater
requirements.
(4) Activities necessary to maintain compliance with the National Pollutant Discharge
Elimination System (NPDES), municipal separate storm sewer system (MS4) permit requirements
established by the U.S. Environmental Protection Agency, including preparation, implementation,
and management of a stormwater pollution prevention plan (SWPPP).
11.3 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
IMPERVIOUS. A constructed hard surface that either prevents or retards the entry of water
into the soil, and causes water to run off the surface in greater quantities and at an increased rate
of flow than existed prior to development. Examples include rooftops, sidewalks, patios,
driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Paths, parking, and
storage areas that consist of gravel and exposed dirt will be considered an impervious surface.
11.4 STORMWATER UTILITY FUND.
There is hereby created a stormwater utility fund into which all fees, when collected, shall be
placed. Such monies shall be first used to pay normal, reasonable, and current costs of operating
and maintaining the city stormwater system and facilities.
STORMWATER UTILITY FEE
11.5 ESTABLISHMENT OF STORMWATER UTILITY FEE.
There shall be collected from every property in the city a stormwater utility fee. Stormwater
utility fees shall be established by ordinance. Fees shall be based upon the operations of the
stormwater utility, including an accounting of all monies received and disbursed, together with a
working budget estimate of the needs of the utility.
11.6 RESIDENTIAL.
The stormwater utility fee for properties classified as residential shall be calculated based on
one drainage unit per residential unit. Residential properties include single family, multi -family,
townhome, mobile home park, and all other types of clustered residential housing, including the
residential portion of mixed-use developments and excluding lodging.
11.7 NON-RESIDENTIAL.
The stormwater utility fee for properties classified as non-residential shall be calculated
based on seven drainage units per impervious acre. Every non-residential property shall have a
minimum of at least seven drainage units. Impervious acreage will be rounded to the nearest full
acre (e.g., 1.5 impervious acres are rounded to 2 acres)
11.8 STORMWATER UTILITY FEE EXEMPTIONS.
The following land uses are exempt from stormwater utility fees:
(1) Public rights-of-way and parks.
(2) Vacant lands with no impervious surface.
(3) Railroad rights-of-way.
11.9 STORMWATER UTILITY ADJUSTMENTS.
Impervious surface area adjustments. The public works director, or designee, may adjust
the impervious surface acreage for non-residential parcels of land based on a demonstration that
the impervious coverage of such parcel is substantially different than the amount previously
calculated. Supporting information, including maps and measurements to justify an adjustment,
shall be supplied by the property owner. Administrative adjustments for impervious surface
calculation differences shall be retroactive to the month said deviation is brought to the attention
of the city.
11.10 APPEAL OF STORMWATER UTILITY FEE.
If a property owner or person responsible for paying a stormwater utility fee believes that a
particular assigned fee is incorrect, such person may request a recalculation. The city council shall
review and approve recalculations following any appeal and their decision shall be final.
11.11 PAYMENT OF FEES.
Statements for stormwater utility fees shall be billed on the same basis (e.g., monthly,
quarterly, etc.) as other utility charges. All fees shall be subject to established procedures for
determining and collecting customer charges. Mobile home parks shall be billed in aggregate to
the owner of the mobile home park. For other clustered residential units such as townhomes, the
city has the discretion to bill either a homeowner association in aggregate or each homeowner.
Both residential and non-residential fees shall be applied to mixed-use developments, with charges
billed individually or in aggregate, to either tenant or property owner, at the discretion of the city.
Monthly charges apply to temporarily vacated property. The charge is for service rendered in the
month of the bill.
11.12 LATE PAYMENT PENALTY.
All stormwater fees not paid by the due date shall incur a penalty at the same rate set forth for
other delinquent utility fees in the fee schedule ordinance.
11.13 ESTABLISHMENT OF TAX LIEN.
Any past due stormwater utility fees will be certified to the county auditor for collection with
real estate taxes against the property served by the utility established in this article for collection
as other taxes are collected in the following year pursuant to Minn. Stats. § 444.075 subdiv. 3, and
the city Code of Ordinances. In addition, the city may have the right to bring a civil action or take
other legal remedies to collect unpaid fees.
Section 2. This ordinance shall take effect upon adoption and publication according to law.
APPROVED by the City Council of the City of Monticello, Minnesota, this 8th day of
April, 2019.
ATTEST:
Jeff,&eill, City Administrator
Brian or Stum f, Mayor
Y
VOTING IN FAVOR: Davidson, Fair, Gabler, Hilgart, and Stumpf
VOTING IN OPPOSITION: None