City of Howard Lake Storm Water Drainage Ordinance

AN ORDINANCE establishing rules and regulations relating to storm water drainage

The City Council of Howard Lake ordains:

Section 1. Storm Water Drainage Utility Established. The municipal storm water system shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075, from which revenue will be derived subject to the provisions of this Section and Minnesota Statutes. The storm water drainage utility will be part of the Public Works Department and under the administration of the Public Works Director.

Section 2. Definitions. The following terms, as used in this Section, shall have the meanings stated:

A. "Residential Equivalent Factor (REF)" means the ratio of the average volume of run-off generated by one acre of a given land use to the average volume generated by one acre of typical single family residential land, during a standard two-year rainfall event.

Section 3. Storm Water Drainage Fees.

A. Storm water drainage fees for parcels of land shall be determined by multiplying the REF for a parcel's land use by the parcel' acreage and then multiplying the resulting product by the storm water drainage rate. The REF values for various land uses are as follows:

Classification Land Uses REF #

1. Residential 1.00

2. Apartments or

Rental Property 3.00

3. Commercial,

Industrial, and Institutional 3.00

B. For the purposes of calculating storm water drainage fees, all developed one-family and two-family parcels shall be considered to have an acreage of one-third (1/3) acre and an REF value of 1.00

Section 4. Credits. The City Council shall adopt policies recommended by the Public Works Director, by resolution, for adjustment of the storm water drainage fee for parcels based upon hydraulic data to be supplied by property owners, which demonstrates a hydraulic response substantially different from the standards. Such adjustments of storm water drainage fees shall not be made retroactively.

Section 5. Central Business District Fees. The City Council shall adopt policies recommended by the Public Works Director, by resolution, for the adjustment of the storm water drainage fee for parcels within the Central Business District. Said adjustment shall be to equalize the storm water drainage areas, since the Central Business District has a major portion of its parking provided by the City.

Section 6. Exemptions. The following land uses are exempt from storm water drainage fees:

A. Public rights-of-way.

B. Public parks.

C. Agricultural land.

Section 7. Recalculation of Fee. If a property owner or person responsible for paying the storm water drainage fee question the correctness of an invoice for such charge, such person may have the determination of the charge recomputed by written request to the Public Works Director. All requests must be received within 60 days of mailing of the invoice in question by the City. The property owner may appeal the decision of the Public Works Director to the City Council by filing written notice of said appeal with the City Administrator or City Clerk.

Section 8. Violations. Any person violating any provision of this ordinance shall, upon conviction, be punished by a fine not exceeding $700.00 or by imprisonment for a period not exceeding 90 days, or both.

Section 9. Effective Date. This ordinance becomes effective from and after its passage and publication.

Passed by the Howard Lake City Council this 18th day of May, 1999.

Gerald Smith, Mayor

Attested: Gene Gilbert, City Clerk

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