FINAL ORDINANCE NO. 08-041 - Laserfiche WebLink

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Ordinance 08-041 4-5-2011 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO.08-041 AN ORDINANCE AMENDING CHAPTER 53: STORM WATER MANAGEMENT UTILITY TO ADJUST THE UTILITY FACTOR AND FEE CALCULATION FOR AGRICULTURAL PROPERTIES SECTION 1. Recitals. The City Council of the City of Lake Elmo, MN desires to update Chapter 53: Storm Water Management Utility to adjust the Utility Factor and Fee Calculation for Agricultural Properties. In doing so, the City Council seeks to codify accepted practice of charging storm water and other similar fees against properties classified as agricultural based upon a per -acre calculation. Such calculation recognizes the significant variation in sizes of such properties classified as agricultural. Establishment of a lower Utility Factor also recognizes the generally pervious nature of properties classified as agricultural. In particular, the Storm Water utility Fee for properties classified as agricultural will now be calculated using a Utility Factor of 3, multiplied by the Utility Charge, established annually by the City Council, divided by a factor of 40 (based upon a typical quarter -quarter -section, or 40-acre farmstead) and then multiplied by the number of acres per agricultural parcel. A low Utility Factor (effectively 3/40ths, or 0.075 per acre) similar to land uses classified as Vacant but more so because of farming activities that consistently turn over the soil, is reflective of the ability of such properties to accept storm water on site in greater proportion to those properties under permanent or temporary natural use (vacant land, golf course, parks, etc.) or those properties with identifiable impervious surface improvements (buildings, parking lots, etc.). The City Council also seeks to clarify and codify annual establishment of a Storm Water Utility Charge and establishment of applicable City policies for adjudicating Appeals of the Storm Water Fee.