Sec. 28-486. - Stormwater utility charge.
(a) Application. For the fiscal year beginning July 1, 2009, and for each and every fiscal year thereafter, each owner of a parcel of developed property in the City, whether the property is a single-family residential property, a non-single-family residential property, or a nonresidential property, shall pay a total annual charge for stormwater service. This charge shall be billed by a methodology in accordance with state law, which methodology shall be determined in accordance with this Chapter.
(b) Calculation of total annual charge. The Director shall calculate the total annual charge to be billed to each parcel of developed property in the City, using the applicable base charge and, for nonresidential properties and non-single-family residential properties, the amount of impervious surface on the property. The Director shall issue regulations establishing how the base charge will be used to calculate the total annual charge for developed single-family residential, non-single-family residential, or nonresidential property. The base charge and the total annual charge shall be calculated to ensure adequate revenues to provide for a balanced operation, maintenance and capital improvements budget for the stormwater utility.
(c) Classifications of service. For purposes of determining the applicable total annual charge, all properties in the City shall be classified into one of the following three classes:
(1) Developed single-family residential property;
(2) Developed nonresidential and non-single-family residential property; or
(3) Undeveloped property.
(d) Special provisions; waivers, credits and adjustments.
(1) The total annual charge shall not be billed for properties owned by Federal, State, or local government agencies when the agency owns and provides for maintenance of storm drainage and stormwater control facilities or is a unit of the locality administering the program.
(2) The total annual charge shall not be billed for roads and public street rights-of-way that are owned and maintained by State or local agencies.
(3) The Director shall issue a regulation governing whether and how to provide full or partial credits to certain developed properties with effective stormwater management mitigation or remediation.
(4) Waivers shall not be provided to any person who is required by law to obtain a stormwater permit from the Virginia Department of Environmental Quality but does not obtain such permit.
(e) Charge for stormwater collection, treatment and management service. For the provision of stormwater collection, treatment and management service, there is imposed a charge, which charge shall be determined as described in this section. This charge shall be collected from the owner of the real property for which services are provided. The Director of Public Utilities shall have the authority to determine total impervious surface on the property and for developed non-single-family residential property and developed nonresidential property the determination will include the corresponding multiple of 1,000 square feet units for the property.
(Code 2004, § 106-809; Code 2015, § 28-922; Code 2020, § 28-922; Ord. No. 2009-60-83, § 1, 5-26-2009; Ord. No. 2010-184-181, § 1, 10-25-2010; Ord. No. 2013-139-136, § 2, 7-22-2013; Ord. No. 2018-092, § 1, 5-14-2018; Ord. No. 2018-218, § 1, 9-24-2018)
