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Home My WebLink About03-215.docAMENDED JULY 8, 2003 JUNE 24, 2003 JUNE 10, 2003 03-177 03-198 03-215 PENDING RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN .) AS AMENDED PURPOSE: ESTABLISH STORMWATER UTILITY POLICY & RATES INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, by ordinance #02-436 adopted November 26, 2002, the Common Council has established a Stormwater Utility within the City of Oshkosh; and WHEREAS, Section 24-14 (C) 1, of the City of Oshkosh Municipal Code establishes the basis for computation of a rate structure, and WHEREAS, Section 24-14 (C) 2 gives the authority to the Common Council to fairly and equitably allocate charges through the use of three rate classes as defined, including the Base Charge (BC), the Equivalent Runoff Unit (ERU), and the Special Charge (SC); and and WHEREAS, Section 24-14 (C) 4 establishes the basis for creating a credit policy; WHEREAS, no rate structure, initial rate, or credit policy has been set. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Oshkosh that ,:,m:,,., ~, ,,:, ~:,-,,- ~ .... ~,-.,:,o ~ ..... ,4 ..... m:,,- ~, ,~,, ! ,~nnm commencing of 1 1 ~,..,,~,..v,.,v~,.. ,,,.,,, ,, ,v,.,,v~,..,.,, ,,.,,,.,,~.4~,....~ ,,.,,, , ,,.,,, ,,.4,,.~,.., ~,~.4,.,y 1 ~--'~'~'~' as July 1, 2003:** The Rate Structure for purposes of the imposition of the user fee, the customer base shall be divided into five-(-5) three (3)** user classes. The rate within each customer class shall be uniform. The rate structure is as follows: Customer Class Stormwater Char.qe Rate Residential (up to three -family units) All Other Developed Properties: Undeveloped Properties: ! i'~ I%1~1 I ¢.0 ERU** ERU=Total Impervious Area (in square feet)/2,817 No Charge Commencing January 1, 2004, the Rate Structure for residential property up to three-family units shall be divided into three user classes based on square feet of impervious surface. AMENDED JULY 8, 2003 JUNE 24, 2003 JUNE 10, 2003 03-177 03-198 03-215 PENDING RESOLUTION CONT'D Customers may be billed for charges for the period between July 1, 2003 and December 31, 2003 by a single invoice issued on or after October 1, 2003. 2. The Initial Rate (on an annual basis) shall be as follows: · Base Charge: $0.00 · Equivalent Runoff Unit: $38.56 $19.10'/ERU · Special Charge: $0.00 The Credit Policy (also known as the rate adjustment policy) attached to this resolution as Attachment A, is hereby approved and shall be available for public inspection in the Office of the City Clerk. amended at 6/24/2003 Council Meeting amended at 7/08/2003 Council Meeting Amendment to establish three categories of residential property and to clarify timing of billing NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Oshkosh, that, commencing as of July 1, 2003: 1. The Rate Structure shall be divided into three (3) user classes. The rate within each customer class shall be uniform. The rate structure is as follows: Customer Class Stormwater Charge Rate Residential (up to threeqfamily units): All Other Developed Properties: Undeveloped Properties: 1.O ERU ERU=Total Impervious Area (in square fee/2817) No Charge Commencing January 1, 2004, the Rate Structure for residential property up to three-family units shall be divided into three user classes based on square feet of impervious surface. Customers may be billed for charges for the period between July 1, 2003 and December~l. 2003 by a single invoice issued on or after October 1, 2003. City of Oshkosh Stormwater Utility Credit Policy I. Purpose and Scope The purpose of this Stormwater Utility Credit Policy is to encourage actions by property owners within the utility district that 1) reduce stormwater flows and volumes, and improves stormwater quality and 2) reduce the utility district's costs in providing proper management of stormwater runoff. As applied to this initial policy, the term 'property' or 'properties' will refer to non-single and non-two family residential parcels. Credits to user fees will only be allowed when it can be demonstrated by the customer that a condition or activity on the property results in a direct reduction in costs for Stormwater Utility services. Those conditions and activities are specified in this policy document. It is anticipated this policy will be revised in 2004 to include credits for single and two-family residential parcels. II. Credit Structure For the purposes of generating applicable credit rates, the municipal stormwater management services ~vhich are funded through the user fee was divided into two categories. Category A (utility-wide services) Category B (credit eligible services)* 4O% 60% Fees to support Category A programs are applied throughout the utility customer base, and credits are not allowed for these components. These are costs that are required to run the City of Oshkosh's stormwater management program and these programs benefit all property owners within the City of Oshkosh. Only the costs associated with Category B are eligible for a credit. These are costs associated with the utility's efforts to maintain the capacity of the stormwater conveyance system and implement and maintain pollution control practices. The maximum credit any property may receive at this time will be 2/3 of the eligible credits in Category B. Properties that demonstrate they are reducing the impact on Category B flow control components may be eligible for a portion or all of this credit. The tasks included under each category, and the percent credit for each category under this policy may be reviewed and modified on an as-needed basis. Modifications must be approved by Common Council resolution. *To date, the user fee structure of the Oshkosh Stormwater Utility has been established in consideration of the costs for controlling only the peak flow aspects of runoff. Until such time that runoff volume and pollution control standards and the costs for maintaining said standards are more fully defined, only peak flow control will be considered in granting credits for on-site mitigation. The maximum future credit that will be allowed 1 of 4 7/03/2003 City of Oshkosh Stormwater Utility Credit Policy for pollution and volume control practices will be 1/3 of the eligible credits in Category B. III. Credit Criteria 1. Properties that Achieve Post-Development Flow Control Requirements This credit applies to ali properties that provide pr/vately constructed and maintained runoff flow control measures, or will provide privately constructed and maintained runoff flow control measures as a component of a land development process. The credit is based on the reduction of post-development runoff. A property must show that its runoff is released at a lower rate than without stormwater management. The property must also demonstrate that it has met the minimum flow control requ/rements of the local ordinances or policies in effect at the time of the land development activity. To determine the amount of credit, the runoff "post-site development" with no management will be compared to the runoff "post-site development" with management. This percentage will then be multiplied by the maximum amount of flow control credit (2/3 of the eligible credits in Category B, i.e. 40 percent) to determine the utility rate credit. All calculations shall use the 10-year, 24-hour, SCS Type II distribution rainstorm of 3.9 inches in 24 hours. For example: A B C Post-Development Flow Post-Development Flow Rate (before Rate (after management % "Control" Credit management measures) measures) * I-(B/A) (C) x 40% 500 cfs 100els 80% 32% 500 cfs 50 cfs 90% 36% 1,000 cfs 100 cfs 90% 36% 1,000 cfs 50 cfs [ 95% 38% rate in "cubic feet per second" * Assume for this example the required post-development flow rate is 100 cfs. 2. Riparian Properties Properties that discharge stormwater from all or a portion of their property directly into the Fox River, Lake Butte des Morts, or Lake Winnebago, without entering a City of Oshkosh municipally owned stormwater conveyance system may be eligible for a credit. The credit amount will be pro-rated based on the pement of the property that .drains directly to the Fox River, Lake Butte des Morts, or Lake Winnebago. In no case will the credit exceed 2/3 of the eligible credits in Category B of the property's entire utility fee. See Section IV for submittal requirements. 2 of 4 5/30/2003 City of Oshkosh Stormwater Utility Credit Policy Properties located on other creeks, streams and/or ditches, are not eligible for this credit. IV. Credit Request Submittal Requirements The Director of Public Works shall review credit request submittal for compliance with this policy. Review Fee a. Prior to review by the Director, the property owner requesting the review shall pay a one-time review fee of $200.00 per credit application. Required Documentation a. Application The application request letter shall contain the following information: · Tax Parcel Number · Parcel Address · Owner Name · Owner Address · Amount and Type of Credit Requested Owner Certification The applicant shall provide written certification that the peak flow management practice(s) that are the subject of the credit have been constructed and are functioning in the mariner indicated on the credit request calculations. and/or The applicant shall provide written certification that the percentage of parcels drain/ng to riparian waters are correct and that drainage patterns have not been altered. Operations and Maintenance Manual The applicant shall provide for DPW review and approval a manual for the operation, inspection, and maintenance of ail management practices, to ensure that the practices will continue to function as designed. Supporting Plans and Calculations The applicant shall provide for DPW review and approval, any hydrologic/hydraulic studies, plans, and other supporting documentation required to demonstrate, to the satisfaction of the Director, that the measures taken meet the requirements for the credits requested. A 3 of 4 5/30/2003 City of Oshkosh Stormwater Utility Credit Policy Registered Engineer or Hydrologist, licensed in the State of Wisconsin, must certify supporting Plan and Calculations. Approval Process a. Director's (or Designee's) Review The Director shall have thirty (30) calendar days to review credit applications, whereupon the Director may approve or deny the application as submitted, or provide comments for resubmittal. In the event of a resubmittaI request, the thirty-day period referred to above shall begin again pending the receipt of all information requested. Appeals See Section 24. i4(c)4 of the City of Oshkosh Municipal Code relating to Storm Drainage Regulation. Annual Reevaluation All Credits shall be subject to an annual review for compliance with the current year's credit policy. Credits may vary or be eliminated over time subject to the terms of the current year's credit policy. It is the responsibility of the billed customer to provide the Director with any and all changes to the conditions of the onsite management practices and conditions that may affect the credit rate for the site. Violations of the terms and/or conditions of the credit request may be subject to collection of utility fees retroactive to the date of the violation. Retroactivity Pending approval of the credit request, any and all credits will be granted retroactive to the date of the initial, complete credit request submittal. The D/rector shall determine whether a submittal is complete using the current credit request submittal requirements. 4 of 4 5/30/2003