§ 90-168. Adjustment of fees.

(a)

Request for adjustment of the utility fee shall be submitted to the public utilities director, who is hereby given the authority to develop and administer the procedures and standards for the adjustment of fees as established in this article. All requests shall be judged on the basis of the amount of impervious area on the site. No credit shall be given for the installation of facilities required by city or county development codes or state stormwater rules. The following procedures shall apply to all adjustment requests of the stormwater fee:

(1)

Any owner who has paid his utility fees and who believes his utility fee to be incorrect may, subject to the limitations set forth in this article, submit an adjustment request to the public utilities director.

(2)

Adjustment requests for the utility fees shall require that the person making the request pay the fee in advance and make the request in writing setting forth in detail the grounds upon which relief is sought.

(3)

Adjustment requests made during the first calendar year that the utility fee is imposed will be reviewed by the public utilities director within a two-month period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings, but retroactive adjustment shall not exceed one year.

(4)

The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the public utilities director, including, but not limited to, survey data approved by either a registered professional land surveyor (PLS) and engineering reports approved by a professional engineer (PE). Failure to provide such information may result in the denial of the adjustment request.

(5)

Adjustments to the utility fee will be made upon the granting of the adjustment request, in writing, by the public utilities director. Denials of adjustment requests shall be made, in writing, by the public utilities director.

(b)

Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the water advisory board for review of the denial.

(1)

The water advisory board shall complete their review within 60 days of receipt of such request for review. The board's determination on the review shall be in writing and shall set forth in detail the reasons for their denial.

(2)

In reviewing denials of the adjustment requests, the water advisory board shall apply the following standards and review criteria:

a.

Existing or special characteristics of the site or parcel for which the adjustment is made will be considered.

b.

The amount of on-site impervious area.

c.

Twenty-five-year frequency/24-hour duration storm criteria will be the minimum standard recognized by the public utilities director.

d.

Ponds, exfiltration systems or positive drainage facilities must meet applicable city, state, and federal requirements including groundwater protection devices and outfall treatment conveyance systems required by all governing bodies.

e.

Ponds, exfiltration systems or positive drainage facilities must be maintained according to city standards, and must function in accordance with the required city design standards.

f.

Adjustments will not be granted for swimming pools, reflecting pools, existing open ditch systems and swales.

(Code 1979, § 32-9; Ord. No. 4427-12, § 3, 8-6-2012)