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HomeMy WebLinkAbout10-333OCTOBER 26, 2010 10 -333 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) AS AMENDED (ATTACHMENT) PURPOSE: APPROVE RESIDENTIAL AND NON - RESIDENTIAL STORMWATER UTILITY CREDIT POLICIES INITIATED BY: PUBLIC WORKS DEPARTMENT STORMWATER UTILITY BOARD RECOMMENDATION: Approved WHEREAS, by ordinance #02 -436 adopted on November 26, 2002, the Common Council established a Stormwater Utility within the City of Oshkosh; and WHEREAS, Section 24 -14 (C) of the City of Oshkosh Municipal Code gives the Common Council the authority to fairly and equitably allocate charges through the use of rate classes and the creation of a credit policy; and WHEREAS, the Stormwater Utility Board has reviewed the proposed credit policies and recommends the policies be adopted by the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Residential Stormwater Utility Credit Policy and Non - Residential Stormwater Utility Credit Policy are hereby approved and any prior policies are hereby repealed. The proper City officials are hereby authorized and directed to take those steps necessary to implement the terms and conditions of these policies as adopted. ( 0 O1HKOlH ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: James E. Rabe, Civil Engineer II DATE: October 21, 2010 RE: Approve Residential and non - Residential Stormwater Utility Credit Policies BACKGROUND The Common Council originally implemented a Storm Water Utility Credit Policy for Non - Residential Properties in July, 2003. The original policy considered only peak flow control reductions for credit, as state regulations relating to water quality had not been finalized. Since that time, the state regulations relating to water quality have been implemented. Working in conjunction with AECOM, the City recently completed a study detailing the steps required to comply with the state water quality regulations. This revised policy implements a water quality credit in addition to the peak flow control credits. A policy relating to residential properties receiving storm water credits has not been previously considered by the Common Council. The Residential Storm Water Utility Credit Policy includes credits for both peak flow control, and water quality. ANALYSIS The intent of these policies is to provide a reduction in Storm Water Utility fees to properties that reduce storm water peak flows and /or improve storm water quality prior to discharging to the City's Storm Sewer system. In preparing the policies, staff, in conjunction with AECOM staff, analyzed the operating and capital improvements expenditures to determine if revisions in the splits between credit categories could be revised. Previously, 40% of the charges were for Utility Wide services, and were not eligible for credits. After completing this analysis, it was determined that the Utility Wide services account for approximately 25% of the Utility expenditures. The analysis also showed that approximately 50% of Storm Water Utility expenditures are related to peak flow control, while the remaining approximately 25% is related to water quality. Therefore, the percentages in the policies have been adjusted accordingly. FISCAL IMPACT Currently approved Storm Water Utility credits total approximately 2% of the revenue generated by the Utility. The impact of approving these policies is not anticipated to have a significant impact on the revenues generated by the Utility. Staff annually review the Storm Water Utility rates and anticipated expenditures and work with the Storm Water Utility Committee to make recommendations to the Common Council on rates. RECOMMENDATIONS The Storm Water Utility Committee has reviewed and recommended approval of the policies. I recommend approval of the revision to the Non - Residential Storm Water Utility Credit Policy and the Implementation of the Residential Storm Water Utility Credit Policy. IAEngineering \Storm Water Utility Credits\Policy Updates Memo to Council 10- 21- 10.doc ;Res pectfull fitted, James E. Rabe Civil Engineer II Approved: Mark A. Rohloff City Manager I:\Engineering \Storm Water Utility Credits\Policy Updates Memo to Council 10- 21- 10.doc Page 1 of 6 City of Oshkosh Residential Stormwater Utility Credit Policy I. Purpose and Scope The purpose of this Stormwater Utility Credit Policy is to encourage actions by residential property owners within the city that: 1) Reduce stormwater flows and volumes, 2) Reduce stormwater pollution and 3) Reduce the utility's costs in providing proper management of stormwater runoff. As applied to this policy, the term 'property' or `properties' will refer to single - family, two- family, and three - family residential parcels. All other properties are considered non - residential. (NOTE: a separate stormwater utility credit policy has been established for non - residential properties.) Credits to user fees will only be allowed when it can be demonstrated by the customer that an action as described in Section III of this policy has been taken by the customer and the action meets the guidelines specified in this policy document. This policy does not apply to stormwater management measures that are owned and /operated by the City of Oshkosh. Properties served by stormwater management facilities installed to meet state and/or local stormwater regulations are not eligible for credit from these facilities. It also should be noted that there are 3 rate categories for single family properties as summarized below: Tier Impervious Area ERU Rate TR 1 Less then 1,750 s . ft. 0.67 ERU TR 2 1,750 — 3,750 s . ft. 1.00 ERU TR 3 Greater than 3,750 s . ft. 1.33 ERU II. Credit Structure For the purpose of generating applicable credit rates, the municipal stormwater management services funded through the user fee are divided into two major categories. The credit eligible category is further divided into two sub - categories. Category A (utility -wide services) 25% Category B (credit eligible services) 131: activities that meet flow management criteria 50% 132: activities that meet pollution reduction criteria 25% Fees to support Category A programs are applied throughout the utility customer base and credits are not allowed for these components. These costs 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 tasks included under each category, and the percent credit for each category under this policy may be revised based upon a re- analysis of the stormwater program budget and the percent distribution of costs by category. Modifications must be approved by Common Council Residential Credit Policy 10/26/2010 Page 2 of 6 City of Oshkosh Residential Stormwater Utility Credit Policy resolution. The approved credit amount will be applied to each stormwater utility bill for as long as the property owner maintains their credit eligibility status in accordance with this policy. III. Credit Criteria Residential properties may be eligible for a credit to their stormwater utility fee under two circumstances: 1) Installation and maintenance of a Best Management Practice and/or 2) Impervious area that is riparian to a water body. 1. Best Management Practice Credit The following are common examples of best management practices property owners may install and maintain to reduce their impact on the city's stormwater management services. Property owners must demonstrate the proper installation and agree to maintain the approved best management practice Property owners installing approved best management practices may be eligible for up to 75% credit for practices that reduce both the uo antity of stormwater runoff (up to 50% credit) and improve the quality of the runoff (up to 25% credit). Eligible best management practices are: • Rain Gardens (typically these will qualify for both quantity and quality credit) Property owners who install a rain garden on their property shall use the UW- Extension Service Publication (GWQ037): "Rain Gardens A how -to manual for homeowners ". Copies of this manual are available directly from the UW- Extension Service web address at hftp://clean-water.uwex.edu/pubs/pdf/home.rqmanual.pd or from the City of Oshkosh Department of Public Works for a printing fee. • Rain Barrels (typically these will qualify for quality credit only) Property owners who install rain barrel(s) must include manufacturer's literature with their credit application and state that the manufacture's guidelines have been followed. For custom built rain barrels, the property owner must submit photographs of the installed practice along with the dimensions (height, width, and length) of the practice. • Other Equivalent Best Management Practices The credit calculation procedure for each of these best management practices is described on the forms at the end of this document. Property owners may submit documentation demonstrating the effectiveness for control of stormwater quantity and/or quality for alternative management practices not identified in this policy. The city will review the documentation and determine the suitability for credit of the alternative management practice. 2. Riparian Credit Properties that are directly riparian to the following water bodies: Lake Butte des Morts, Fox River, or Lake Winnebago are eligible for this credit. (Constructed channels adjacent to Lake Residential Credit Policy 10/26/2010 Page 3 of 6 City of Oshkosh Residential Stormwater Utility Credit Policy Winnebago, Fox River, or Lake Butte de Morts are considered riparian. See map attached to this document for the areas designated as "constructed channels for purposes of this policy). Residential property impervious areas that drain directly to one of these water bodies without entering into the municipal stormwater conveyance system are eligible for up to 50% credit. The property owner is only eligible for the cluantity portion of the utility credit under the Riparian Credit Section of this policy. For example: a property with one half of the impervious area draining directly to an eligible water body would receive a 25% credit. Unless the property owner provides evidence (such as photographs showing drainage slopes on the property) that more than one half of their impervious area drains directly to an eligible water body, the property shall receive a 25% credit (1/2 the maximum allowed). IV. Credit Request Submittal Requirements The Director of Public Works (or designee) shall review credit request submittal for compliance with this policy. Review Fee The following non - refundable review fee is required with each application: a. Property owners requesting Best Management Practice Credit: $5000 10.00 b. Property owners requesting Riparian Credit of 25 %: $2&.4A 10.00 C. Property owners requesting a Riparian Credit greater than 25 %: $4Q-. 10.00 d. Property owners requesting Best Management Practice Credit and 25% Riparian Credit: $6+H 10.00 e. Property owners requesting Best Management Practice Credit and Riparian Credit greater than 25 %: $75-00 10.00 Required Documentation form provided at the end of this document a. Credit Application Form The application form is attached to this policy. b. Owner Certification The applicant shall provide written certification that the best management practice(s) that are the subject of the credit have been constructed and are functioning in the manner indicated on the credit request documentation. and/or The applicant shall provide written certification that the percentage of a parcel's impervious area draining to eligible water bodies is correct and that drainage patterns have not been altered. C. Supporting Documents • Drawing of the property showing location of best management practice, and impervious area draining to the best management practice. • Copy of manufacturer's information (for rain barrels), or photograph of installed custom built rain barrel(s). • Plant list (for rain gardens) • Photograph of the "other equivalent best management practice" Residential Credit Policy 10/26/2010 Page 4 of 6 City of Oshkosh Residential Stormwater Utility Credit Policy Property drawing showing areas of riparian property with drawing of property drainage pattern and supporting photographs (required for Riparian Credit application if requesting more than 25% credit). Signed property owner's maintenance agreement (attached to this document) 3. 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 resubmittal request, the thirty -day period referred to above shall begin again pending the receipt of all information requested. Appeals See Section 24.14 of the City of Oshkosh Municipal Code relating to Storm Drainage Regulation. C. 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 or designee with any and all changes to the conditions of the onsite best management practices and conditions that may affect the credit rate for the site. Each year the homeowner will return a post card provided by the City indicating that the rain barrel and/or rain garden are in place as designed. 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. d. Effective Date Pending approval of the credit request, any and all credits will be granted effective to the date of the complete credit request submittal. The Director shall determine whether a submittal is complete using the current credit request submittal requirements. Residential Credit Policy 10/26/2010 Page 5 of 6 City of Oshkosh RESIDENTIAL PROPERTY STORMWATER UTILITY FEE CREDIT APPLICATION FORM, OWNER'S CERTIFICATE, AND MAINTENANCE AND RIGHT OF ENTRY AGREEMENT Note: This application form is to be used only for one, two, and three family home sites. Residential Property Stormwater Utility Credit Application & Certification Form Type of Application (check one or both): ❑ Best Management Practice (rain garden / rain barrel) ❑ Riparian Property Owner Name: Owner Address: Owner Phone Number: Address of Property for Credit Application (if different from Owner Address) Best Management Practice (BMP) Credit Application Calculation Rain Garden(s) Total impervious area of property (number will be provided by city upon request) Impervious Area Draining to Rain Garden Size of Rain Garden: Credit = (b) _ (a) x 75% (round to nearest %) (a) (sq. ft.) (b) (sq. ft.) (c) (sq. ft.) (d) % Rain Barrel(s) Total impervious area of property (number will be provided by city upon request) # of downspouts with rain barrel: Total roof area to rain barrel(s): Credit = (g) + (e) x 25 %: (round to nearest %) Total BMP Credit (maximum of 75 %) (line d + h) (e) (sq. ft.) (f) (g) (sq. ft.) (h) ''; % (i) % • For Rain Garden credit enclose a list of the plants used • For a Rain Barrel credit enclose a copy of the manufacture's installation instructions or a photograph of the installed rain barrel(s) Residential Credit Policy 10/26/2010 Page 6 of 6 Residential Property Stormwater Utility Credit Application & Certification Form (continued) Riparian Property Credit Application Water body receiving direct property drainage: ❑ Lake Butte des Morts • Fox River • Lake Winnebago Total impervious area of property (j) (sq. ft.) (number will be provided by city upon request) Impervious area directly draining water body (k) (sq. ft.) Credit = (k) _ G) x 50 %: (1) % (if credit request is greater than 25% include documentation) The information presented on this Residential Property Stormwater Utility Credit Application & Certification Form is true and accurate to the best of my knowledge. Signature of Property Owner Date Residential Property Stormwater Utility Credit Maintenance Agreement and Right of Entry Agreement The best management practice on the property identified on the Residential Property Stormwater Utility Credit Application & Certification Form has been installed according to the manufacturer's recommendations. If I have installed a rain garden on my property I certify that the rain garden is constructed using the guidance provided in the UW- Extension publication "Rain Gardens, A how -to manual for homeowners" (publication GWQ037). I hereby grant the City permission to enter this property for the sole purpose of conducting site inspections of my on -site stormwater management practices or to verify the impervious areas with direct drainage to an eligible water body. Signature of Property Owner Date Submit this Application to: City of Oshkosh Department of Public Works 215 Church Ave P.O. Box 1130 Oshkosh; WI 54903 -1130 Call: (920) 236 -5065 with questions Residential Credit Policy 10/26/2010 Page 1 of 5 City of Oshkosh Non - Residential 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 city that 1) reduce stormwater flows and volumes and improve stormwater quality and 2) reduce the utility's costs for providing proper management of stormwater runoff. This policy is applicable only to non - residential properties in the City of Oshkosh. Residential properties in the city have a separate Stormwater Utility Credit Policy. For purposes of this policy, a residential parcel has three or fewer dwelling units. All other properties are considered non - residential. 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. II. Credit Structure For the purpose of generating applicable credit rates, the municipal stormwater management services funded through the user fee are divided into two major categories. The credit eligible category is further divided into two sub - categories. Category A (utility -wide services) 25% Category B (credit eligible services) 131: activities that meet flow management criteria 50% 62: activities that meet pollution reduction criteria 25% Fees to support Category A programs are applied throughout the utility customer base and credits are not allowed for these components. These costs 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 tasks included under each category, and the percent credit for each category under this policy may be revised based upon a re- analysis of the stormwater program budget and the percent distribution of costs by category. Modifications must be approved by Common Council resolution. The approved credit amount will be applied to each stormwater utility bill for as long as the property owner maintains their credit eligibility status in accordance with this policy. The credits described in this policy will apply to all previously approved credits upon the day following City Council approval of this policy. III. Credit Criteria A. Criteria for Flow Control Credit Properties that Construct Flow Control Structures This credit applies to all properties that provide privately 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 flow. A property must show that its runoff is released at a lower rate than without stormwater management. The property must also Non - Residential Credit Policy 10/26/2010 Page 2 of 5 City of Oshkosh Non - Residential Stormwater Utility Credit Policy demonstrate that it has met the minimum flow control requirements of the local ordinances or policies in effect at the time of the land development activity. To determine the credit amount, the post - development site runoff rate with no management will be compared to the post- development site runoff rate with management. This percentage reduction will then be multiplied by the maximum amount of flow control credit (i.e. 50 percent) to determine the utility rate credit. All calculations shall use the 10 -year, 24 -hour, SCS Type II distribution with a rainstorm depth of 3.56 inches (as referenced Midwest Climate Center Bulletin 71) over 24 hours. See Section IV for submittal requirements. For example: A B C Post - Development Flow Rate (before management measures Post - Development Flow Rate (after management measures % "Control" 1 -(BfA) Credit (C) x 50% Example 1: 50 cfs 10cfs 80% 40% Example 2: 50 cfs 5 cfs 1 90% 45% Example 3: 100 cfs 5 cfs 1 95% 47.5% Note: "cfs" is the flow rate in "cubic feet per second" 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 percent of the property that drains directly to the Fox River, Lake Butte des Morts, or Lake Winnebago. In no case will the credit exceed the Category B1 percentage. For example: a property with one half of the impervious area draining directly to an eligible water body would receive a 25% credit. See Section IV for submittal requirements. Properties located on other creeks, streams, wetlands and/or ditches, are not eligible for this credit. (Constructed boat channels adjacent to Lake Winnebago, Fox River, or Lake Butte de Morts are considered riparian for purposes of this credit policy. See map attached to this document for the areas designated as "constructed channels for purposes of this policy). B. Criteria for Pollution Control Credit Method for Calculating Pollution Control The amount of stormwater pollution control achieved with a structural management practice will be calculated using the Source Loading and Management Model ( SLAMM), Information on how to access SLAMM is available at: http://dnr.wi.qov/orcl/water/wm/nps/models/SLAMM.htm Using the appropriate model, the applicant must calculate the average annual pollutant load (using Total Suspended Sediment [TSS] as the indicator parameter) under two conditions: 1) the property without any pollution control practice(s) and 2) the same property with the pollution control practice(s). The land cover and conveyance system characteristics must be identical under both conditions. Non - Residential Credit Policy 10/26/2010 Page 3 of 5 City of Oshkosh Non - Residential Stormwater Utility Credit Policy 2. Pollution Control Credit Eligibility The following categories of properties may receive up to a 25% credit on their stormwater fee for pollution control activities a. New Land Development By state and local regulations, all new land development (occurring after October 1, 2004) must meet a post - construction pollution reduction (using TSS as the indicator parameter) of 80 %. Properties with new land development may receive up to a 25% credit for exceeding the minimum pollution control requirements. The process for credit calculation and conditions to be met are as follows: 1) The level of credit is determined as follows: a) 80% - 85.0% TSS reduction = 0% credit b) 85.1% - 90.0% TSS reduction = 20% credit c) Greater than 90% TSS reduction= 25% credit 2) The structural pollution control practice(s) are owned, operated, and maintained by private landowner(s), 3) There is a written maintenance agreement in place between the private landowner(s) and the City of Oshkosh. Among other conditions, the agreement shall allow the City to have access and conduct inspections of the control practice(s) to verity that proper maintenance is being conducted, and 4) The credit recipient must submit an annual report to the city stating that the pollution control practice is maintained and operating as designed. This section of the policy applies to all land development on or after October 1, 2004 (the effective date of the state regulations). See Section IV for submittal requirements. b. Redeveloped Lands Lands that were developed before October 1, 2004 and are undergoing re- development may receive a utility rate credit by installing pollution reduction practices. These properties may receive up to a 25% utility fee credit. The process for credit calculation and conditions to be met are as follows: 1) level of credit is determined as follows: a) Less than 40% TSS reduction ( if MEP approved by city) = 5% credit b) 40% - 50% TSS reduction = 15% credit c) Greater than 50 % TSS reduction= 25% credit 2) The structural pollution control practice(s) are owned, operated, and maintained by private landowner(s), 3) There is a written maintenance agreement in place between the private landowner(s) and the City of Oshkosh. Among other conditions, the agreement shall allow the City to have access and conduct inspections of the control practice(s) to verity that proper maintenance is being conducted, 4) The credit recipient submits an annual report to the city stating that the pollution control practice is maintained and operating as designed, and 5) This section of the policy applies to: application of stormwater pollution control to lands developed before October 1, 2004 (the effective date of the state regulations). See Section IV for submittal requirements. c. Pollution Control Credit Eligibility for Existing Developed Lands (not being redeveloped) Properties that are in neither category (132a or 132b) may receive a credit up to 25% of the property's utility fee. The process for credit calculation and conditions to be met are as follows: Non - Residential Credit Policy 10/26/2010 Page 4 of 5 City of Oshkosh Non - Residential Stormwater Utility Credit Policy 1) Level of credit is determined as follows: a) Up to 10 %TSS reduction= 5% credit b) 10% - 20% TSS reduction = 15% credit c) Greater than 20% TSS reduction = 25% credit. 2) The structural pollution control practice(s) are owned, operated, and maintained by private landowner(s), 3) There is a written maintenance agreement in place between the private landowner(s) and the City of Oshkosh. Among other conditions, the agreement shall allow the City to have access and conduct inspections of the control practice(s) to verify that proper maintenance is being conducted, 4) The credit recipient submits an annual report to the city stating that the pollution control practice is maintained and operating as designed, and 5) This section of the policy applies to: application of stormwater pollution control to lands developed before October 1, 2004 (the effective date of the state regulations). See Section IV for submittal requirements. 6) If the property is an industrial site with an existing industrial NR 216 permit, the stormwater management practice(s) must reduce the sediment pollution from the regulated area by greater than the minimum permit requirements. 7) For non - regulated areas of an industrial property, the credit levels listed under c. 1. (above) shall apply. IV. Credit Request Submittal Requirements The Director of Public Works (or designee) shall review credit request submittal for compliance with this policy. Review Fee a. Prior to review the property owner requesting the review shall pay a one -time review fee as detailed below: 1) Flow control credit only: $200.00 2) Pollution control credit only: $200.00 3) Flow control and pollution control credit: $300.00. 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 an "as -built survey ", and a written certification that the peak flow management practice(s) are functioning in the manner indicated on the credit application. and/or The applicant shall provide written certification that the percentage of parcels draining to riparian waters is correct and that drainage patterns have not been altered. and /or Non - Residential Credit Policy 10/26/2010 Page 5 of 5 City of Oshkosh Non - Residential Stormwater Utility Credit Policy The applicant shall provide an "as -built survey" and a written certification that the pollution control practice(s) are functioning in the manner indicated on the credit application. c. Operations and Maintenance Manual The applicant shall provide to the City of Oshkosh Department of Public Works' (DPW) for review and approval a manual for the operation, inspection, and maintenance of all management practices. d. Supporting Plans and Calculations The applicant shall provide for DPW review and approval, any hydrologic /hydraulic and pollution control 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 Professional Engineer or Hydrologist, licensed in the State of Wisconsin, must certify supporting Plan and Calculations. e. Stormwater Utility Credit Application Manual A copy of the city's stormwater utility credit application manual can be obtained from the city's website at the following website address: htto: / /www.ci.oshkosh.wi.us /Public Works /Storm water Utility.htm This manual can be used to assist the applicant with obtaining the necessary documentation to meet the requirements of this credit policy. 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 re- submittal. In the event of a re- submittal request, the thirty -day period referred to above shall begin again pending the receipt of all information requested. b. Appeals See Chapter 24 of the City of Oshkosh Municipal Code. 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. d. Retroactivity Pending approval of the credit request, any and all credits will be granted retroactive to the date of the complete credit request submittal. The Director shall determine whether a submittal is complete using the current credit request submittal requirements. Non - Residential Credit Policy 10/26/2010