Ordinance 132CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 132_
AN ORDINANCE AMENDING CHAPTER 19 OF THE
CHANHASSEN CITY CODE BY ADDING AN ARTICLE
ESTABLISHING A SURFACE WATER MANAGEMENT UTILITY
The City Council of the City of Chanhassen ordains:
Section 1. Chapter 19 of the Chanhassen City Code is
amended by adding Article VII to read as follows:
ARTICLE VII.
SURFACE WATER MANAGEMENT
Sec. 19-140. Surface Water Management Utility Established.
Surface water management shall be operated as a public
utility pursuant to Minn. Stat. § 444.075.
Sec. 19-141. Definitions.
• The following words, terms, and phrases, when used in this
Chapter, shall have the meaning ascribed to them in this section,
except where the context clearly indicates a different meaning.
Surface Water Management Budget is the annual budget
approved by the City Council for surface water management
including planning, monitoring, capital expenditures,
personnel, and equipment.
Surface Water Management Fee means the quarterly charge for
each parcel of non-exempt property in the City for the
management of surface water.
Utility Factor means the ratio of runoff volume, in inches,
for a particular land use, to the runoff volume, in inches
for a 1/3 acre residential lot, assuming a 2" rainfall and
Soil Conservation Service (SCS) "Type B" soil conditions.
Sec. 19-142. Surface Water Management Fees.
A. The utility factors for various land uses are as
follows:
Classification Land Use Utility Factor
1 Rural Residential
• (2-1/2 acre lots)
r09/25/90
0.21
•
Classification Land Use
2 Single Family Residential
(1/3 acre lots)
3 Low and Medium Density
Residential
Utility Factor
1.00
2.24
4 High Density Residential,
Industrial, Office, Institutions
(Churches, Schools, Government
Buildings, Hospitals) 3.34
5 Business/Commercial 4.28
6 Agricultural N/A
7 Undeveloped N/A
8 Parks, Cemeteries, Golf
Courses, Arboretum 0.45
9 Parking Lots as a Principal Use 6.14
The Surface Water Management Fee shall be calculated by first
determining the percentage of total runoff in the City which is
• attributed to Single Family Residential property. The Fee per
acre for Single Family Residential is computed by equating the
runoff percentage to an equal percentage of one-quarter (1/4) of
the annual Surface Water Management Budget, divided by the
estimated total acres of Single Family Residential land use in
the City.
Ll
B. The per acre Fee for all individual parcels shall be
defined as the product of the Single Family Residential Fee, the
appropriate utility factor based on land use, and the total
acreage of the parcel with the exception that 1/3 acre shall be
used for each Single Family Residential lot, agricultural and
undeveloped parcels and 2-1/2 acres shall be used for each Rural
Residential lot when calculating the fee for their land uses.
Sec. 19-143. Credits.
The City Council may adopt policies for adjustment of the
surface water management fees. Information to justify a fee
adjustment must be supplied by the property owner. Adjustment of
fees shall not be retroactive.
Sec. 19-144. Exemptions.
The following land uses are exempt from the surface water
management fee:
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• a) Public Right -of -Way
b) Lakes
Sec. 19-145. Payment of Fee.
Surface water management fees shall be invoiced quarterly.
The amount due as shown on the invoice shall be payable on or
before the 20th day of the month in which the invoice is issued.
A penalty of ten percent (10%) per quarter shall be added to all
accounts that are not paid in full by the due date. The penalty
shall be computed on the unpaid balance not paid by the due date
at the time each quarterly statement is prepared. Any prepayment
or overpayment of charges shall be retained by the City and
applied against subsequent fees.
Sec. 19-146. Appeal of Fee.
If a property owner or person responsible for paying the
surface water management fee believes that a particular fee is
incorrect, such person may file a written appeal with the City
Clerk. Appeals will be heard by the City Council. No adjustment
will be made to the utility factor for property classifications
1, 2, and 3.
Sec. 19-147. Certification of Delinquent Fees.
If a surface water management fee is not paid within three
• (3) months after a billing is issued, the City Council may
certify the amount due, together with penalties, to the County
Auditor to be collected with other real estate taxes on the
parcel.
Sec. 19-148. Surface Water Management Fund.
A separate fund shall be maintained for surface water
management fees and expenditures.
Section 2. This ordinance shall be effective immediately
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 24th
day of September, 1990.
ATTEST:
Don Ashworth, Clerk/Manager Donald J." oriel, Mayo
• (Published in the Chanhassen Villager on October 11 , 1990.)
Summary Ordinance
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