Sample Storm Drainage Ordinance
ESTABLISHING A STORM DRAINAGE UTILITY
AND AUTHORIZING THE IMPOSITION OF STORM DRAINAGE CHARGES.
THE CITY COUNCIL OF THE CITY OF __________ DOES ORDAIN:
SECTION 1. Establishment of storm drainage utility.
The municipal storm sewer system shall be conducted as a
public utility pursuant to M.S. Section 444.075 from which revenues will
be derived subject to the provisions of the Ordinance and said Minnesota
Statues. The storm water drainage utility shall be a part of the Street
Department. Just and reasonable changes for use, access, connection, and
availability of storm sewer drainage facilities shall be calculated and
determined based on expected and typical storm water run off as may be
calculated within reasonable and practical limits and with dues and equitable
SECTION 2. Purpose.
The purpose of all funds derived from the storm water
drainage utility is to pay for all or part of the construction, reconstruction,
repair, enlarge, improvement, acquisition, maintenance, operation,
administrations, and use of the storm water utility as established by the City
of ________. All revenues derived from the fee shall be credited to the
appropriate storm water fund.
SECTION 3. Definitions.
Residential Equivalency Factor (“REF”) -- One (1) REF is
defined as the ratio of the average volume of surface water runoff generated
from land use to the average volume of storm water runoff generated by a typical
single family residential land use, during a standard one (1) year rainfall
SECTION 4 (Determining REFs for Land Uses.
The REF values for various land uses are as follows:
Classification Land Use
family and duplex residential 1.00
2 Multiple family residential
3 Commercial, industrial, warehouse,
institutions (school, churches,
government buildings hospitals)
SECTION 5. Other Land Uses
Other uses not listed in the foregoing table shall be
classified by the City Engineer by assigning them to the most similar class from
the standpoint of probable hydrologic response.
SECTION 6. Storm Water Drainage Rates and Charges.
A. Fees the use and availability of the storm sewer system
shall be determined through the use of the REF.
B. In determining charges, the Council shall, from time to
time, by resolution establish a basic system rate to be charged against each
parcel of land having a REF of one.
SECTION 7. Adjustments of Charges.
The City Council may by resolution, from time to time,
adopt policies providing for the adjustment of storm water drainage charges from
parcels of groups of parcels, based upon hydrologic data supplied by affected
property owners, demonstrating an actual hydrologic response substantially
different from the REF being used for the parcel or parcels. Such adjustment
shall be made only after receiving the recommendation of the City Engineer and
shall not be made effective retroactively. Adjustment of fees shall not be
retroactive. If the adjustment would have the effect of changing the REF for all
or substantially all of the land uses in a particular classification, such
adjustment shall be accomplished by amending the REF table in Section 4 of this
SECTION 8. Exceptions.
The following land uses are exempt from storm water utility
(a) public rights of way;
(b) wetlands and public waters as defined by state law;
(c) municipal owned property.
SECTION 9. Supplying information.
The owner, occupant or person in charge of any premises
shall supply the City with such information as the City may reasonably request
related to the use, development and area of the premises. Willful failure to
provide such information or to falsify it is a violation of this subsection.
SECTION 10. Estimate Charges.
If the owner, occupant or person in charge of any premises
fails or refuse to provide the information requested, as provided in subsection
(10), the charge for such premises shall be estimated and billed in accordance
with such estimate, based upon information then available to the City.
SECTION 11. Billing Method.
Statements for storm water drainage utility fees will be
computed every month and collected by the City monthly along with other
utilities such as sewer and water. Any prepayment or overpayment of charges
shall be retained by the City and applied against subsequent monthly fees.
Delinquent accounts will be treated the same as sewer and water accounts.
SECTION 12. Certification of Past Due Fees on Taxes.
Any storm water utility fees past due on October 1 of any
year may be certified to the County Auditor for collection with real estate
taxes in the following year or any year thereafter. In addition, the City shall
also have the right to bring a civil action or to take other legal remedies to
collect unpaid fees.
SECTION 13. Recollection of Charges.
If a property owner or person responsible for paying the
storm water drainage fees or charges questions the correctness of an invoice for
such charge or fee, such person may have the determination of the charge
recomputed by written request to the Mayor made with 90 days of mailing of the
invoice in question by the City.
SECTION 14. This Ordinance shall be Effective
Adopted this ______ day of ______ by the City
Council of the City of ____________, Minnesota.