HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-122CITY OF LAKE ELMO
ORDINANCE NO. 9-7 -122-
AN ORDINANCE ADDING CHAPTER 750 TO THE LAKE ELMO
MUNICIPAL CODE RELATING TO THE CREATION OF A
SURFACE WATER MANAGEMENT UTILITY
The City Council ordains as an addition to the Municipal Code:
Chapter 750 is hereby added to read as follows to the Municipal Code of the
City of Lake Elmo:
750. SURFACE WATER MANAGEMENT UTILITY
750.010 General Operation
The Municipal surface water system shall be operated as a public utility
(hereinafter called the surface water management utility), pursuant to
Minnesota Statutes Section 444.075, from which revenues will be derived
subject to the provisions of this Chapter and Minnesota Statutes.
In general, revenue from the Surface Water Utility shall be used for
preparation of a Surface Water Management Plan, maintenance of existing
ditches, culverts, pond, and storm sewers, capital improvement in developed
areas, equipment, planning, inventories, and water quality improvements,
including weed control.
750.020 Definitions
A. Utility Factor
The utility equation is defined as the amount of runoff per acre of land,
per parcel for a particular land use divided by the amount of runoff
from a 1.5 acre residential lot.
B. Surface Water Management Fee
The surface water management fee is defined as the yearly charge
developed for each parcel of land.
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750.030
750.035
C.
C
Yearly Surface Water Management Revenue
The yearly surface water management revenue is the estimated
yearly expenditures for planning and inventories, capital expenditures,
personnel and equipment and operation of the surface water utility, in
accordance with established City policy. The surface water
management revenue and resulting surface water management fees
shall be reviewed yearly by the City Council.
Current Land Use
Land Use as it appears on tax statement.
Surface Water Management Utility Equations
The utility equation for various land uses to determine the surface water
management fees are assigned as follows:
Property Utility
Class Code Current Land Use Factor
151-208,402 Residential 1.0/Lot
101-111,401 Agricultural 6.0/Parcel
210 Manufactured Home:.Park 0.52/Acre
230,231, Commercial/Industrial 3.08/Acre
233-241
250-252 Vacant Land 0.15/Acre
232 Golf/Park 0.35/Acre
900-999 School/Church 1.12/Acre
- Conditional Use Permit Site Specific
Surface Water Management Fee
Surface water management fees shall be established for a period of time as
set by City Council resolution.
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750.040 Credits
The Council may adopt policies, by resolution, for adjustment of the surface
water management fees. Information to justify a fee adjustment must be
supplied by the property owner. Such adjustments of fees shall not be
retroactive, unless provided within said resolution. Credits will be reviewed
annually by City staff.
750.050 Exemptions
The following land uses are exempt from the surface water management fee:
A. Public Right-of-way
B. Parks
C. Lakes
D. Railroad Property
750.060 Statement of Surface Water Management Charges
Statements for the preceding yearly Surface Water Management service
shall be mailed to each customer on or before March 5.
750.070 Appeal of Fee
If a property owner or person responsible for paying the surface water
management fee believes that a particular assigned fee is incorrect, such a
person may request that the fee be recomputed. Appeals will be heard by
the Council once a year in accordance with the schedule established for
credit applications, in established City policy.
750.080 Penalties for Delinquent Payments
A penalty equal to $5.00 or 10% of the amount due, whichever is greater,
shall be added to accounts not paid in full on or before May 1.
520.090 Annual Certification of Delinquent Accounts
Each year the City staff shall prepare a list of delinquent surface water
management service charge accounts, including accrued penalties thereon,
in the form of an assessment roll. On or before October 1 of each year, the
City Council shall review the delinquent surface water management service
charge assessment roll and adopt an appropriate resolution directing that
the assessment roll be certified to the County Auditor as a lien against the
premises served and directing that the County Auditor collect the
assessment as part of the ensuing year's tax levy.
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PTIT1191
ADOPTED BY THE City Council of the City of Lake Elmo, this 15'h day of July,
The provisions of this ordinance shall bedome effective on n'the first day of
u5'i 2003. Published on the 43 day of, 2003.
Lee Hunt, Mayor
ATTEST:
Charles E. Dillerud, Acting City Administrator