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Storm Water Utility Report City of Lino Lakes, MN WSB Project No. 017518-000 Page 7 4. RECOMMENDED ORDINANCE LANGUAGE The following language and exhibit can be incorporated into City ordinances to adopt and enact the SWU fee. 4.1 Ordinance Language 4.1.1 General Operation The city stormwater system shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this chapter. 4.1.2 Findings and Determinations In providing for such charges, the findings and determinations are as follows: 1) In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City has constructed, operated, and maintained a stormwater system. This section is adopted in the further exercise and authority and for the same purpose; 2) It is necessary and desirable to provide a method of recovering the future costs of improving, maintaining, and operating the system by establishing a program of user charges; 3) In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable to assign responsibility for some or all of the future costs of operating, maintaining, and improving the system on the basis of the expected storm water runoff from the various parcels of land within the City; and 4) Assigning costs and making charges based upon impervious coverage can only be accomplished within reasonable and practical limits. The provisions of this section establishes a reasonable and practical methodology for making such charges. 4.1.3 Definitions For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. STORM WATER UTILITY FEE. The charge developed for each parcel of land pursuant to this chapter, charged quarterly. IMPERVIOUS SURFACE. A hard surface which prevents or restricts the infiltration of water into the soil. Impervious surface includes pavement, roofs, water (swimming pools), and gravel. BEST MANAGEMENT PRACTICE (BMP). A stormwater practice used to provide water quality treatment or manage stormwater runoff. Examples include ponds, infiltration basins, rain gardens, etc. 4.1.4 Storm Water Utility Fee 1) Determination. The storm water utility fee was determined based on the impervious surface coverage throughout the City. First, exempt land uses (see #4 below) were excluded from the computations. Then, the proportion of residential impervious coverage was determined. The total residential fee was determined using this proportion and the expected storm water utility budgeted expenses. Finally, the remainder of the expected storm water utility budget will be funded by the total non-residential fee. 2) Residential Fee. The residential fee is charged per parcel to those parcels with Single Family Residential, Multi-Family Residential, and Rural Residential land uses. This includes single family, duplexes, and townhomes. This does not include Multi-family apartments where the owner pays the utility bills.