POLICIES AND PROCEDURES MANUAL · the Stormwater Utility Fee Fund. This Policies and Procedures Manual outlines the guidelines and framework under which the utility will operate

Stormwater Utility Policies and Procedures Manual

CITY OF LINDSBORG STORMWATER MANAGEMENT UTILITY POLICIES AND PROCEDURES MANUAL

Table of Contents

Section Page

TABLE OF CONTENTS....................................................................... 1

SECTION 1 - INTRODUCTION .......................................................... 2

1.1 DEFINITIONS ............................................................................. 2 1.2 RESPONSIBILITY ......................................................................... 5

SECTION 2 – STORMWATER BILLING .............................................. 6

2.1 STORMWATER UTILITY FUND........................................................... 6 2.2 UTILITY CUSTOMER CLASSIFICATION ................................................. 6 2.3 STORMWATER UTILITY FEE .......................................................... 7 2.4 BILLING AND PAYMENT ............................................................... 7 2.5 DELINQUENT CHARGES AND NON-PAYMENT PENALTIES ........................... 8 2.5.1 BILLING; LATE CHARGE ............................................................. 8 2.5.2 Notice; Request for Hearing……………….………………………………………..8 2.5.3 Findings; Order; Service………………..………..…………………………………..9 2.5.4 Termination for Nonpayment………………………………………………………..9 2.6 BILLING DATA UPDATE ............................................................... 9 2.7 SERVICE REQUESTS/DISCONTINUATION OF SERVICE ......................... 10 2.8 UTILITY BILLING GUIDELINES ....................................................... 10

SECTION 3 – FEE ADJUSTMENT AND TEMPORARY WAIVER ........... 11

3.1 ERU ADJUSTMENTS ................................................................... 11 3.1.1 Additional Stormwater Adjustments ................................... 12

3.2 TEMPORARY STORMWATER UTILITY WAIVER ....................................... 13 3.3 APPEALS ................................................................................. 13

SECTION 4 - REGULATORY ENFORCEMENT .................................... 14

4.1 RULES AND REGULATIONS ............................................................ 14 4.2 CONSTRUCTION INSPECTION AND MONITORING .................................. 14 4.3 NOTICE OF VIOLATIONS .............................................................. 14 4.4 NOTICE TO CORRECT DRAINAGE .................................................... 15 4.5 EMERGENCIES AND ABATEMENT ..................................................... 15 4.6 PENALTIES .............................................................................. 16

Appendix A - Stormwater Management Utility Forms, Numbers 1 through 5

Ordinance 5065 2

Lindsborg Policy & Procedures Manual

Section 1 - Introduction The City of Lindsborg established a Stormwater Management Utility on June 5, 2017, with the publication of Charter Ordinance No. 21, and the passage of Resolution 04-17 on August 21, 2017. The utility provides the City with the authorization to establish and collect just and equitable rates, fees, and charges for the services and facilities provided by the utility system.

The City's Stormwater Management Utility establishes a mechanism for billing the costs of operating and maintaining the City's stormwater management system, and financing the necessary repairs, replacements, improvements, and extensions. Charter Ordinance No. 21 and Resolution 04-17 provides the mechanisms for billing and payment, making adjustments to fees, accounting for capital contributions, and establishing the Stormwater Utility Fee Fund. This Policies and Procedures Manual outlines the guidelines and framework under which the utility will operate. The Policies and Procedures Manual is intended to identify and clarify the City's procedures for billing the fees and updating the billing data file. It also establishes policies and procedures for the operation and maintenance of the City's utility system. Appendix B contains copies of Charter Ordinance No. 21 and Resolution 04-17, which established the Stormwater Management Utility.

1.1 Definitions The following definitions shall apply in the use of this Policies and Procedures Manual. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's dictionary. Billing Period means the service period identified on the utility bill. Each

account shall be billed monthly or semi-annually in arrears on the service period. A developed property that receives City of Lindsborg water or other utility service shall be billed monthly in arrears of the service. A developed property that does not receive the City of Lindsborg water or other utility service may be billed semi-annually in arrears of the service.

Calendar Year means the twelve-month period commencing on the first day of January of any year.

Cost of Construction means costs reasonably incurred in connection with providing capital improvements to the System or any portion thereof, including, but not limited to, the costs of (1) acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefore, (2) physical construction, installation and testing, including the costs of labor, service, materials, supplies and construction services used in connection therewith;

Stormwater Management Utility Policies and Procedures Manual

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(3) architectural, engineering, inspection, legal and other professional services, (4) insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation, (5) any taxes or other charges which become due during construction, (6) expenses incurred by the City or on its behalf with its approval in seeking to enforce any remedy against any contractor, (7) principal of and interest of any Bonds, and (8) miscellaneous expenses incidental thereto.

Developed Property means that which has been altered from its natural state by the addition of any improvements such as a building, structure, impervious surface, change of grade, or landscaping, which creates an impervious surface. Property other than Undeveloped Property.

Director means the Director of the Department of Public Works City of Lindsborg or his/her designee except where defined otherwise.

Dwelling Unit means a singular unit or apartment providing complete, independent living facilities for one or more persons including provisions for individual living, sleeping, eating, cooking, and sanitation.

Equivalent Residential Unit (ERU) means the statistical average horizontal impervious area of Residential Developed Property per Dwelling Unit (single family, mobile homes, multifamily, condominiums, etc.) located within the City and as established by City Council. The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions, patios, porches, driveways, and sidewalks.

Impervious Area means the number of square feet of hard surface areas which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions as Undisturbed Property, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as Undisturbed Property, including, but not limited to, roofs, roof extensions, patios, porches, driveway, sidewalks, pavement and athletic courts.

Mixed Use means a building that has a mix of residential dwelling units and at least one non-residential occupant.

Nonresidential Developed Property means developed property that does not meet the definition for dwelling units within the City.

Operating Budget means the annual operating budget adopted by the City Council for the succeeding Calendar Year.


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Operations and Maintenance (O&M) means the current expenses, paid or accrued, of operation, maintenance and current repair of the System as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, and cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with the sound accounting practice.

Public Works Department means the Public Works Department of the City of Lindsborg (also referred to as the Department).

Residential Developed Property means any lot or parcel developed exclusively for residential purposes including, but not limited to, single-family homes, manufactured homes, multi-family, apartment buildings, condominiums, and independent living.

Revenues means all rates, fees, assessments, rentals or other charges or other income received by the Stormwater Utility Fee Fund, in connection with the management and operation of the System, including amounts received from the investment of deposit of moneys in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practice.

Stormwater Management System or System means the existing stormwater management of the City and all improvements thereto which by the City Ordinance are the property and/or responsibility of the City, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system

Stormwater Utility Fee means a fee authorized by Ordinance(s) established to pay Operation and Maintenance, Extension and Replacement and Debt Service.

Stormwater Utility Fee Fund means the enterprise fund created by Ordinance(s) to operate, maintain, and improve the System and for such other purposes as stated in the City Ordinance(s).

Undeveloped Property means real property that has not been altered from its natural state by dredging, filling, removal of trees and vegetation, or


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other activities, which have disturbed or altered the topography or soils on the property.

Vacant Improved Property means unoccupied developed property that contains impervious area.

1.2 Responsibility The Stormwater Management Utility shall be managed by the City's Public Works Department. The Director shall have responsibility for the operation and maintenance of the utility. The Director shall also be responsible for the organization of the operation and maintenance staff, the planning and assessment of utility facilities, and the management of capital improvement programs. The responsibility for billing and collection of stormwater utility fees will be that of the City Finance Department of Lindsborg, or their designee.


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Section 2 – Stormwater Billing 2.1 Stormwater Utility Fund A Stormwater Utility Fee Fund shall be established for the deposit of all fees and charges collected by the utility. These funds shall be for the exclusive use of the City's Stormwater Management System, including, but not limited to the following:

Operation and Maintenance of the Stormwater Management System. Operation and maintenance activities may include, but not be limited to, street sweeping, catch basin cleaning and repair, storm sewer repair, channel clearing, detention basin sedimentation removal, ditch and swale mowing, channel reconstruction, and erosion repair.

Costs of Construction incurred in connection with providing capital improvements to the Stormwater Management System. As part of the improvements the City may authorize the construction of curbs, gutters, catch basins, channels, drainage swales, storm sewers, culverts, detention basins, pump stations, as well as other stormwater related facilities.

Administrative costs associated with the management of the Stormwater Use Fee Fund.

Debt service financing.

Planning and engineering.

Cost incurred by the City to comply with all federal, state, and local stormwater regulatory requirements.

2.2 Utility Customer Classification A Stormwater Utility Fee shall be imposed upon each developed lot and parcel within the City of Lindsborg for stormwater services and facilities provided by the City. For purposes of imposing the Stormwater Utility Fee, all developed lots and parcels within the City are classified into the following two customer classes: Residential Developed Property Nonresidential Developed Property

Single Family Commercial Mobile Home Institutional (tax exempt) Multi-family Federal/State Governmental Condominiums Assisted Living Independent Living Industrial Mixed Use


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No Stormwater Utility Fee shall be imposed on lakes and public streets including federal expressways, state roads, or local streets, roads, and alleys. In addition, no Stormwater User Fee shall be imposed upon impervious public facilities located within right-of-ways including sidewalks, curbing, street crossings, and bike paths. 2.3 Stormwater Utility Fee Stormwater Utility Fees shall be assessed to utility customers based upon each customer’s user classification described in the previous subsection. Residential Developed Property shall be billed a flat fee (1 ERU). Nonresidential Developed Property shall be billed based on equivalent residential units. Resolution No. 04-17 defines an ERU to be equal to 3,172 square footage of impervious area (statistically developed average for residential dwelling units in the City of Lindsborg). The resolution also establishes the rate to be charged for the Stormwater Use Fee for equivalent residential units to be $7.00 per month. The user fees shall be assessed as follows:

The fee imposed for Developed Residential Properties shall be the rate for one ERU multiplied by the number of individual dwelling units existing on the property (ERU x number of dwelling units).

The fee imposed for Developed Nonresidential Properties as defined herein shall be the rate for one ERU, multiplied by the numerical factor obtained by dividing the total impervious area (square feet) of a nonresidential property by the impervious area for one ERU.

The minimum fee for any developed parcel shall be equal to the rate for one ERU.

2.4 Billing and Payment The Stormwater Utility Fee for water metered property shall be billed and collected monthly with the monthly City’s services utility bill for those properties within the corporation limits of the City and utilizing the City’s utilities. Properties not utilizing the existing City’s utilities will be billed monthly. The Stormwater Utility Fees, for those properties utilizing the City utilities, shall be part of a consolidated statement for utility customers, which is generally paid by a single payment. In the event that a partial payment is received, the payment shall be applied in accordance with the City of Lindsborg Policy.


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2.5 Delinquent Charges and Non-Payment Penalties Stormwater Utility Fees not paid under the terms outlined in this document, the City of Lindsborg Policies and Procedure Manual, shall be handled in the same manner as delinquent utility fees for other City-provided services.

2.5.1 Billing; Late Charge All utility bills for the previous month’s stormwater utility service shall be paid on or before the tenth day of the month following the service. For any billing not paid when due, a late charge of ten percent will be added to the bill.

2.5.2 Notice; Request for Hearing

If a stormwater utility bill has not been paid on or before the due date as provided in this Section, a delinquency and termination notice shall be issue by the city clerk within five days after the delinquency occurs and mailed to the customer at his last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

The notice shall state:

1. The amount due, plus delinquency charge; 2. Notice that service shall be terminated if the amount due is not

paid within ten days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;

3. Notice that the customer has the right to a hearing before a hearing officer appointed by the mayor;

4. Notice that for a hearing must be in writing and filed with the city clerk no later than three day prior to the date for termination of service.

Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing that shall be held within three working days following receipt of the request.


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2.5.3 Findings; Order; Service Following the hearing, if the hearing officer shall find that service should not be terminated, the notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his last know address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed ten days, for the termination of such service.

2.5.4 Termination for Nonpayment Unless otherwise provided, stormwater utility service shall be terminated for nonpayment of stormwater utility fees or charges in accordance with section 2.5.2.

2.6 Billing Data Update The Director of Finance shall be responsible for routine updates to the billing data to account for the addition or demolition of impervious areas at Developed Residential and Nonresidential Properties. The Director shall ensure that updates to the billing data are performed continuously or on a routine schedule. The City shall obtain new impervious area information for Developed Nonresidential Properties as part of the site plan review and building permit application processes. Permit applicants shall furnish impervious area information for building structures, driveways, curbs, sidewalks, patios, or other covered surfaces to be constructed. This information shall be included on the construction drawings submitted to the City or on a separate form submitted with the permit application.

Issuance of the Certificate of Occupancy for residential and nonresidential properties shall signify the beginning of stormwater services and thus the start of Stormwater User Fees. The first utility bill shall include fees in arrears to the issuance of the Certificate of Occupancy. The Department shall be responsible for the assignment of ERUs to the new customer and the updating of the billing database.


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2.7 Service Requests/Discontinuation of Service Requests for new utility services or the discontinuation of existing utility services at Residential and Nonresidential Developed Properties shall be handled by the City Finance Department or their designee. For customers requesting utility service, the City shall update the utility billing system data file with the new customer's name, billing address, and other pertinent information, and check to ensure that the account is active and chargeable. For a request for discontinuation of utility service in a tenant situation, the City shall delete the current customer information from the account and replace it with information regarding the owner of the property. Stormwater accounts shall remain active and chargeable at all times. Stormwater accounts may only be removed from the billing database when the City determines that a customer has removed all impervious area from a formally developed property and has returned the property to its previously undeveloped conditions.

2.8 Utility Billing Guidelines General billing guidelines are described as follows:

Many residential multifamily, such as condominiums, apartment complexes, trailer parks, etc., are generally served by water meters in the name of the owner of the parcel. In these cases, the number of ERUs is assigned to the master meter and billed to the property owner.

Multiple meters on a single parcel, where the meters have the same customer name assigned to it, shall have the utility fee billed to one meter, with the other meters designated as "no charge".

Many Nonresidential Developed Properties within the City of Lindsborg have multiple customer accounts and multiple water meters on a single parcel (i.e., retail shopping centers). For these utility customers, the number of ERUs determined will be assigned and billed to the property owner.


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Section 3 – Fee Adjustment and Temporary Waiver The following procedure addresses both adjustments and temporary waiver for stormwater user fees. The City grants adjustments when customers identify incorrect information contained in the City’s billing database. Temporary waivers are associated with new nonresidential development. Both residential and nonresidential customers qualify for adjustments to their Stormwater Utility Fees; whereas only nonresidential customers qualify for the temporary waiver. Appendix A contains Stormwater Management Utility Forms that are used as part of the adjustment policy.

The Director will review adjustment requests made during the first calendar year that the stormwater user fee is imposed and when customers implement a change to their existing stormwater facility. These requests will be reviewed within a six-month period from the date of filing of the request. Adjustments resulting from such requests shall be retroactive to the beginning of billings for the utility’s initial year and will not exceed one year; subsequent evaluations will allow fees to be reduced from the date of the application and will not exceed 6 months.

3.1 ERU Adjustments Requests for adjustment of the stormwater user fee shall be submitted through the Director, who shall be given authority to administer the procedures and standards, and review criteria for the adjustment of fees as established herein. The following procedures shall apply to all adjustment requests of the stormwater utility fee: Any residential owner who has paid their stormwater utility fees, and who

believes the Equivalent Residential Unit (ERU) component of his stormwater utility fee to be incorrect, may submit an adjustment request on a form supplied by the Department. Stormwater Management Utility Form No. 1 is for residential ERU adjustments.

Any nonresidential owner who has paid their stormwater utility fees, and who believes the Equivalent Residential Unit (ERU) component of his stormwater utility fee to be incorrect, may submit an adjustment request on a form supplied by the Department. Stormwater Management Utility Form No. 2 is for nonresidential ERU adjustments.

Adjustment requests shall be in writing and submitted by the utility customer.


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The first step in the adjustment process for nonresidential will be a review of the City’s calculation of the impervious area. If resolution is not achieved, the Director may request the customer to provide supplemental information to the Director including, but not limited to, survey data prepared by a Kansas licensed Professional Land Surveyor (P.L.S.) that presents the amount of impervious area and compacted gravel area on a parcel and/or engineering reports prepared by a Kansas licensed Professional Engineer (P.E.). Failure to provide such information may result in the denial of the adjustment request.

The Director shall respond in writing to all adjustment requests. The response shall provide an explanation of adjustment approval or denial as well as requests for additional information.

Adjustment denials may be appealed to the Stormwater Appeals Board, as presented in Section 3.3. 3.1.1 Additional Stormwater Adjustments In addition to the requirements presented above, to nonresidential customers adjustments may be also be given when an owner meets any of the following requirements:

Owner demonstrates that rainfall that occurs on an impervious area does not generate runoff (has no outlet), is completely watertight, and has at least 18 inches of freeboard. This adjustment is for unusual structures, such as swimming pools, hazardous material storage areas, etc. For these specific cases, customer’s ERUs will be adjusted by removing from the ERU calculation the amount of impervious area that does not generate runoff.

Owner demonstrates that on-site gravel is not compacted, not used for vehicular traffic, and not impervious. The City may grant adjustments for non-compacted gravel areas used for landscaping or other purposes. The City considers all compacted gravel areas (drives, storage areas, etc.) as impervious areas, and as such, no adjustment will be granted. The Director will make the decision regarding the intended purpose of gravel areas.


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3.2 Temporary Stormwater Utility Waiver The City may allow a 10-year stormwater utility fee waiver for new nonresidential developments that do not increase the post development runoff of the property. The waiver may also be allowed for new nonresidential developments that mitigate the downstream effects of the increased post development runoff through the use of detention, storm sewer, channels, or other approved improvements. A letter requesting a Temporary Stormwater Utility Waiver may be submitted to the Director for review and consideration. The request for a Temporary Stormwater Utility Waiver must include a drainage report prepared by a professional engineer for the development documenting the existing and post development drainage conditions and mitigation techniques demonstrating negligible impacts to the downstream properties.

3.3 Appeals Any person disagreeing with the interpretation or application of a provision in this manual, or the related laws or ordinances pertaining to stormwater management, may appeal in writing by using Stormwater Management Utility Form No. 3. The form should be submitted to the Director for a written interpretation or ruling of that particular dispute within 30 calendar days.

When the Director has rendered a written interpretation or ruling on the dispute, the person shall be allowed 30 calendar days (from the date when placed in the mail of the last known address of the person) within which to file with the Stormwater Appeals Board an appeal.

As part of appeals board submittal, the utility customer shall set forth in full (or attach a complete copy of) the following: 1) the interpretation, ruling, or order requesting appeal from; and 2) the provisions of the City Code or related laws or ordinances. The complainant shall also state, with specificity, wherein the interpretation, ruling or order is erroneous. If the appeal is based on a request for an adjustment or credit, the petition shall specify the provision(s) from which the adjustment or credit is sought, and how the request otherwise satisfies, and does not significantly conflict with the other requirements of this manual and the applicable City Codes. The Stormwater Utility Appeals Board shall be the Board of Zoning Appeals, the Director, and the City Finance Director or their designee. The Stormwater Appeals Board shall complete the review of the appeal within 60 days of receipt of said request for review. The Stormwater Appeals Board's determination on the review shall be in writing and set forth, in detail, the reasons for the decision.


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Section 4 - Regulatory Enforcement 4.1 Rules and Regulations The City of Lindsborg Code outlines the stormwater rules and regulations for the City. These requirements are contained under Article VII, Chapter 46, of the City of Lindsborg Codified Ordinances. Chapter 46 of the Code provides enabling action for local regulation and enforcement of stormwater management requirements in the City.

Future modifications to the Code may include, but shall not be limited to the following:

Prescribe the manner in which storm sewers, ditches, channels, and other stormwater facilities are designed, installed, adjusted, used, altered, or otherwise changed;

Create inspection and other fees permitted by these Policies and Procedures;

Prescribe the manner in which such stormwater facilities are operated; and

Protect the drainage facilities, improvements, and properties controlled by the Department (and to prescribe the manner of their use by any public or private person, firm or corporation).

4.2 Construction Inspection and Monitoring The Director shall have the authority to inspect the construction, alteration, repair, removal, and demolition of drainage facilities located within the City's jurisdictional boundaries. During construction of new stormwater facilities, representatives from the Department shall make site investigations and render appropriate written reports thereto. The Director shall be responsible for final acceptance of stormwater facilities to enforce compliance with the City Ordinances.

4.3 Notice of Violations When the Director finds that: a) any drainage facility or the construction thereof, is contrary to or in violation of the approved plans; that b) such facilities or plans are otherwise unacceptable; or that c) the facility presents an unsafe or dangerous condition in connection with the provisions of these policies, the Stormwater Management Utility ordinance, or any law or ordinance relating to the same subject matter, then the City shall give appropriate Notice(s) of Violation (NOV) to the owner of the premises, and/or to the contractor. The NOV shall state where and in what respect the work does not conform to City law, regulation, policy, or to the approved


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plans. The NOV shall also specify a reasonable period of time by which the work must conform to the appropriate plans, laws, rules, regulations, or policies.

The NOV, as required by this provision, is to be served by hand-delivery or certified mail, and addressed to the last known place of residence or place of business of the appropriate (receiving) parties. The NOV form (Stormwater Management Utility Form No. 5) will be issued by the Department. Failure to address all issues outlined in the NOV, within the time period specified, shall constitute an unlawful act on the part of the owner and may result in prosecution as an unclassified misdemeanor or abatement of the condition by the city, or both, as provided pursuant to the provisions of Lindsborg’s City Ordinances.

4.4 Notice to Correct Drainage Whenever the Director discovers an obstruction to a culvert, covered drain, or other natural or man-made watercourse, occurring within an existing drainage easement and interfering with natural stormwater flow, then the City shall notify the owner (or person having possession, charge, or management of such facility) to remove the obstruction or provide the necessary or appropriate drainage thereto. Such notice shall be served pursuant to Section 4.3 above.

The owner must comply with the City's notice within the specified time. Failure to comply with such notice shall constitute an unlawful act on the part of the owner and may result in prosecution as an unclassified misdemeanor or abatement of the condition by the city, or both, as provided pursuant to the provisions of Lindsborg’s City Ordinances.

4.5 Emergencies and Abatement Nothing in this manual shall be construed to prevent immediate action by the Director or City Staff in any emergency situation that may arise regarding the City's stormwater facilities.

In case of an emergency involving private stormwater facilities, these City officials may direct that immediate action be taken to correct or abate the condition causing the emergency. City personnel may perform the required work and charge the appropriate owner(s) all such related costs. The Director shall account for all costs associated with an emergency or abatement (repair or maintenance) procedure, including, but not limited to, costs of administrative, notification, inspection, service of papers or documents, legal counsel, labor, enforcement, operational services, and outside-contracted services. These costs shall be added to the owner's Stormwater Utility Fee, and shall be payable as set forth on the bill or


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statement. Such costs (if remaining unpaid for 30 days following a bill being sent for their reimbursement) shall result in a lien on the real property.

4.6 Penalties Any person who violates any of the provisions of these policies, or of other applicable City ordinances; or who fails to conform to any of the provisions thereof; or who fails to obey any notice of the Director or his designee; may be prosecuted as an unclassified misdemeanor as provided in applicable sections of the City’s Ordinances.

CITY OF LINDSBORG, KANSAS STORMWATER MANAGEMENT UTILITY

FORM NO. 1 RESIDENTIAL ERU ADJUSTMENT

DATE:

BILLING ACCOUNT NUMBER:

PARCEL I.D. #:

TYPE OF RESIDENTIAL UNIT (CHECK APPROPRIATE BOX):

r Single Family r Duplex r Condominium

r Apartment r Multi-family r Other

REASON FOR ERU ADJUSTMENT:

r Single family home, condominium, or single apartment is being billed more than 1 ERU.

r Duplex unit being billed more than 2 ERUs.

r Apartment of multi-family complex is being billed more ERUs than the number of units in complex.

Number of ERUs being billed: Number of Units in complex:

r Other, explain

APPLICANT'S SIGNATURE:

APPLICATION REVIEWED BY:

APPLICATION APPROVED: r Yes 1No

COMMENTS:


FORM NO. 2 NON-RESIDENTIAL ERU ADJUSTMENT

DATE:

BILLING ACCOUNT NUMBER

PROPERTY ADDRESS:

PARCEL 1.0. #:

TYPE OF DEVELOPMENT:

PARCEL AREA (square feet):

Billed Number of ERUs:

REASON FOR ERU ADJUSTMENT:

1 CONDITION 1 Incorrect amount of impervious area

1 CONDITION 2 Gravel areas not used for regular vehicular traffic (ingress/egress or parking) calculated as impervious area on utility bill

1 Other, explain :

If Condition 1 is checked, complete the following: If Condition 2 is checked, complete the following:

Property Impervious Area ( sq ft) Non-vehicular Gravel Area (sq ft)

Revised Number of ERLJS(1l Revised Number of ERLJS(2l


APPLICATION REVIEWED BY: DATE:

APPLICATION APPROVED: rYes f'No

CONDITIONS OF APPROVAL OR REASON FOR DENIAL AND COMMENTS:

(1l Revised number of ERUs = Property's impervious area divided by_. (2l Revised number of ER Us = Billed number of ERUs - [(Non-vehicular gravel area divided by_)]


FORM NO. 3 PETITION TO APPEAL

DATE: ________________________________________________________

COMPLAINANT: _____________________

COMPLAINANT'S ADDRESS:

BILLING ACCOUNT NAME: BILLING ACCOUNT NUMBER: PARCEL I.D. NUMBER

PARCEL'S ADDRESS:

TYPE OF DEVELOPMENT (Check one) r Residential r Non-residential

Reason for Appeal (State where a City ruling, interpretation, or order is erroneous and attach a copy of said ruling, interpretation or order from the City, or specify City provision or applicable City Code exemption):

The Appeal has been reviewed by the City of Lindsborg Stormwater Appeals Board on 20 . On this date, the Stormwater Appeals Board

r approved r denied the requested appeal. Comments or conditions:


FORM NO. 4 WAIVER ADJUSTMENT

GENERAL INFORMATION

CONTACT NAME:

TELEPHONE:

PROPERTY ADDRESS:

MAILING ADDRESS:

BILLING ACCOUNT NUMBER:

TYPE OF DEVELOPMENT:

PARCEL 1.0. #:

PARCEL AREA (square feet):

ASSESSED ERUs:

INCLUDE THE FOLLOWING ATTACHMENTS AS NECESSARY: □ Location Map □ Site Photographs

□' Site development plan □ Plans/Drawings of existing Management Facility

□ Drainage Area Maps □ Description of Stormwater Management Structure

□ Inspection and Maintenance records for existing Stormwater Facility

SUMMARIZE BELOW BASIS FOR APPLICATION FOR STORMWATER MANAGEMENT UTILITY FEE ADJUSTMENT:


APPLICATION REVIEWED BY: DATE:

APPLICATION APPROVED : □Yes □No Fee Reduction (%)


FORM NO. 5 NOTICE OF VIOLATION

TO:

ADDRESS:

DATE:

The City of Lindsborg has found that the condition(s) marked below,

r Drainage facility or its construction is contrary to, or in violation of, approved plans.

r Drainage facility or plans are unacceptable.

r Drainage facility presents an unsafe or dangerous condition.

exists at the following location:

The work which does not conform to City law, regulation, policy or approved plans is:

This work must be corrected to conform to City law, regulation, policy or approved plans within _______ days of receipt of this notice, or all work at the above location will be stopped by the City. The person who may be contacted (between the hours of 7:30 a.m. and 4:00 p.m.) at the City of Lindsborg regarding this notice is

____________________________________ P.O. Box 70 Director of Public Works Lindsborg, Kansas 67456 City of Lindsborg (785) 227-3428

CHARTER ORDINANCE NO. 21

A CHARTER ORDINANCE PARTIALLY EXEMPTING THE CITY OF LINDSBORG, KANSAS, FROM THE PROVISIONS OF THE WATER POLLUTION ACT AS CONTAINED IN K.S.A.12-3101 ET SEQ. BY PROVIDING ADDITIONAL PROVISIONS RELATING TO THE ESTABLISHMENT, OPERATION AND MAINTENANCE: OF A STORM WATER UTILITY, THEREBY ADDING ARTICLE VII. STORM WATER, TO CHAPTER 46. UTILITIES, OF THE CODE OF THE CITY OF LINDSBORG, KANSAS.

Section 1. The City of Lindsborg, Kansas, under the authority of Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to partially exempt itself from the provisions of the Water Pollution Act as contained in K.S.A. 12-3101 et. seq. by providing provisions relating to the establishment, operation and maintenance of a Storm Water Utility, thereby adding Article VII. Storm Water Utility, to Chapter 46. Utilities, of the Code of the City of Lindsborg, Kansas, creating a storm water utility, to read as follows:

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"ARTICLE VII. STORM WATER"

STORM WATER UTILITY. There is hereby established a Storm Water Utility, to assist the City of Lindsborg in its responsibility for the operation, construction, maintenance and repair of storm water drainage system facilities, to provide for adequate collection, conveyance, detention and release of storm water and the reduction of potential hazards to property and life resulting from storm water runoff.

SAME, DUTIES. The City Administrator of the City of Lindsborg shall be authorized to administer the Storm Water Utility and may delegate such duty and responsibility as is necessary to carry out the provisions of this Article within the limits of the budget, directives and storm drainage regulations adopted by the Governing Body for said utility. Such duties and responsibilities are set forth as follows:

(a) To develop a storm drainage master plan for the City of Lindsborg, for the construction, operation, reconstruction, repair and maintenance and update of various facilities that make up the City's existing and future storm drainage system, including but not limited to curbs and gutters, storm drain inlets, storm drain pipes, ditches, culverts, canals, detention basins, berms and levees, subject to the approval by the Governing Body;

(b) To develop and update a recommended five (5) year capital plan for needed improvements to existing facilities, or for new facilities;

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(c) To carry out a program of work as adopted by the Governing Body;

(d) To enforce all regulations pertaining to storm water including the retention of or discharge from private property;

( e) To review private storm water systems as necessary to determine compliance of such system with City requirements;

(f) To advise the Governing Body on matters relating to this utility;

(g) To review plans and approve, deny inspect, and accept extensions and connection to the system.

SAME, OPERA TING BUDGET. The City shall adopt an annual operating budget for the Storm Water Utility, setting forth the estimated revenues and expenses for operations and maintenance, extension, replacement, and debt service. The initial operating budget shall be for the fiscal year commencing January 1, 2018.

SAME, FEES. (a) A Stormwater User Fee shall be imposed upon each developed lot and parcel within the City for stormwater services and facilities provided by the City based upon an Equivalent Residential Unit (ERU). An ERU is defined as the equal to the statistically developed average square footage of impervious area for residential dwelling units in the City.

(b) The Stormwater User Fee shall be assessed to utility customers based upon each customer's user classification.

(i) The fee imposed for Developed Residential Properties shall be the rate for one ERU multiplied by the number of dwelling units existing on the property (ERU x number of dwelling units).

{ii) The fee imposed for Developed Nonresidential Properties shall be the rate of one ERU, multiplied by the numerical factor obtained by dividing the total impervious area {square feet) of a nonresidential property by the impervious area for one ERU.

{iii) The minimum fee for any developed property shall be equal to the rate of one ERU.

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SAME, BILLING PROCEDURES. The Stormwater User Fee shall be billed per the procedures outlined in Chapter 46 - UTILITIES, ARTICLE II. - FEES, CHARGES AND BILLING, of the Lindsborg Municipal Code.

SAME, ENTERPRISE FUND. (a) All Storm Water Utility fees collected shall be paid into an enterprise fund hereby created, to be known as the Storm Water Utility Fund. Such funds shall be used for paying the costs of operation, construction, reconstruction, repair and maintenance of the storm water facilities of the City and to carry out all other purposes of this Utility. To the extent that the Storm Water Utility fees collected are insufficient to construct the needed storm water drainage facilities, the costs of same may be paid from such City Funds as may be determined by the Governing Body, but the City may order reimbursement of such fund if additional fees are thereafter collected. When the fund has surplus dollars on hand in excess of current needs, the surplus dollars shall be invested to return the highest yield consistent with proper safeguards. Any interest earned on invested surplus dollars shall be placed in the Storm Water Utility Fund.

(b) The fees and charges paid and other income received shall not be used for general or other governmental or proprietary purposes of the City.

(c) Nothing in this Article shall be so construed as to limit or restrict the planning, engineering, construction, reconstruction, repair, operation, or maintenance of storm water facilities through other means, including but not limited to other City fees and taxes, grants, special improvement districts, contributions from other agencies, interlocal cooperation agreements, or private contributions.

SAME, EASEMENTS. City of Lindsborg "utility easements" shall not be construed as allowances for construction and maintenance of storm water facilities. Easements for such facilities must be specifically identified, e.g. "storm drainage easement"."

Section 2. any provisions of the existing City Code inconsistent or in conflict with the provisions of this Ordinance are hereby repealed to the extent of any such conflict.

Section 3. This Charter Ordinance shall be published once each week for 2 consecutive weeks in the official city newspaper.

Section 4. The Charter Ordinance shall take effect 61 days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval by a majority of the electors voting thereon.

Passed by the Governing Body, not less than two-thirds (2/3) of the members elected voting in favor thereof, this 5th of June 2017.

ATIEST:

RESOLUTION NO. 04-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSBORG, KANSAS, ESTABLISHING EQUIVALENT RESIDENTIAL UNIT, ERU RATE AND UNDISTURBED PROPERTY RATE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Lindsborg adopted Charter Ordinance No. 21, which places upon the City Council the obligation to establish by Resolution the Equivalent Residential Unit, which means the average Impervious Area of Residential Property per Dwelling Unit located within the City, the ERU Rate, which means the Stormwater Utility Fee charged on each ERU, and the Undeveloped Property Rate, which means the Stormwater Utility Fee charged on each acre of Undeveloped Property; and

WHEREAS, the City Administrator has recommended rates as set forth herein based upon a study being the Final Draft of Stormwater Management Utility Study, City of Lindsborg, Kansas, compiled by Wilson & Company, Inc., with additional input by city staff; and

WHEREAS, the City Council has evaluated the study and recommendations and has determined that the fees set forth herein below are reasonable and necessary and are in accordance with the provisions of Charter Ordinance No. 21; and

WHEREAS, the City Council has determined it to be appropriate to implement the rates set forth herein as of the effective date of this resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINDSBORG, McPHERSON COUNTY, KANSAS:

Section 1. ERU Established. The Equivalent Residential Unit is hereby established to be 3,172 square feet of impervious area.

Section 2. ERU Rate Established. The ERU Rate to be charged for stormwater management Utility Fees for each ERU is hereby established to be $7.00 per month.

Section 3. Undeveloped Property Rate Established. The Undeveloped Property Rate to be charged for stormwater management Utility Fees for each acre of Undeveloped Property is hereby established to be O percent.

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Section 4. This Resolution shall become effective immediately upon its adoption .

ADOPTED AND PASSED by the Governing Body of the City of Lindsborg, Kansas, this 2pt day of August, 2017.

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ORDINANCE NO. 5065

AN ORDINANCE ADOPTING BY REFERENCE THE STORMW ATER MANAGEMENT UTILITY POLICIES AND . PROCEDURES MANUAL WITHIN THE CITY OF LINDSBORG, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF INDSBORG, KANSAS:

SECTION 1. There is hereby adopted the Stormwater Management Utility Policies and Procedures Manual for the purpose of establishing policies and procedures for the operation, maintenance, management, billing and financing of management utility. This Manual and the policies and procedures therein are now on file with the office of the City Clerk, and the provisions thereof are hereby incorporated by reference as if fully set forth herein.

SECTION 2. Violation of the provisions of this Ordinance (including the Stonnwater Management Utility Policies and Procedures adopted hereby) shall be punishable under the general penalty provisions of the Lindsborg Municipal Code. Each day a violation occurs shall be dete1mined to be a separate offense.

SECTION 3. All other Ordinances or sections of the Lindsborg Municipal Code which are in conflict herewith are hereby repealed.

SECTION 4. This Ordinance shall be effective upon being published in the official City newspaper.

PASSED AND ADOPTED by the Governing Body of the City of Lindsborg, Kansas this 21st day of August, 2017.

ATTEST:

Documents

POLICIES AND PROCEDURES MANUAL · the Stormwater Utility Fee Fund. This Policies and Procedures Manual outlines the guidelines and framework under which the utility will operate