Article 4. Stormwater Management; Utility

14.4.1.     Creation of a Stormwater Management Program; establishment of a Stormwater Utility.

Pursuant to City Charter Ordinance No. 18, the City's general home rule authority, its nuisance abatement authority, its police powers and all other authority, the Bel Aire Governing Body does hereby create a Stormwater Management Program and does hereby establish a Stormwater Utility and declares its intention to operate the same.

(C.O. No. 18; Ord. 598)

14.4.2.     Findings and statements of policy.

The City of Bel Aire, Kansas, desires to create a Stormwater Management Program pursuant to Charter Ordinance No. 18.

A Stormwater Management Program will provide both general and specific benefits to all property within the City and will include the provision of adequate systems of collection, conveyance, detention, retention, treatment and release of stormwater; the reduction of hazards to property and life resulting from stormwater runoff; improvement in general health and welfare through reduction of undesirable stormwater conditions; improvement of water quality in the Stormwater Management System and its receiving waters; the provision of a planned and orderly system for managing and mitigating the effects of new development on stormwater and appropriate balancing between development and preservation of the natural environment.

The Stormwater Management Program will also initiate innovative and proactive approaches to stormwater management within the City to address problems in areas of the City that currently are prone to flooding, protect against replication of these types of problems and the creation of similar problems in newly developing areas of the City, protect property in the City from stream bank erosion and the attendant loss of natural resources and the reduction of property values, conserve natural stream assets within the City, enhance water quality, and assist in meeting the mandates of the National Pollutant Discharge Elimination System as created under the Federal Clean Water Act and associated state and federal laws and their supporting regulations.

Both standard and innovative stormwater management is necessary in the interest of the public health, safety and general welfare of the residents, businesses and visitors of the City.

Implementation of the Stormwater Management Program will require the expenditure of significant amounts of public money.

All property in the City will benefit from the Stormwater Management Program.

The City desires to fairly distribute costs of the Stormwater Management Program implementation among all developed property which generates the need therefor.

The City has determined that the establishment of a Stormwater Utility is an appropriate method of funding certain portions of the costs of implementing the Stormwater Management Program.

The City has adopted Charter Ordinance No. 18, which grants to the City the authority to adopt, by ordinance or resolution, rules and regulations providing for the management and operation of a Stormwater Utility, fixing Stormwater Utility User Fees, requiring security for the payment thereof, providing methods and rules relating to the calculation and collection of the fees and for credits against the fees, and providing for the disposition of the revenues derived therefrom.

The Stormwater Utility User Fee imposed by this Chapter, is calculated by a in relation to classes of property within the City in association with their anticipated impact upon stormwater management, and the use of or benefit from the Stormwater Management System, and such fee is neither a tax nor a special assessment, but a charge (in the nature of tolls, fees or rents) for services rendered or available.

The City has researched collection options and hereby determines that in order to promote efficiency, eliminate duplication of services, and utilize the most economically feasible method of fee collection, the Stormwater Utility User Fee shall be billed and collected monthly with the monthly water and sewer utility bill for those properties utilizing other City utilities and shall be billed and collected separately at intervals as set by the Governing Body for those properties not utilizing other City utilities.

(C.O. No. 18; Ord. 598)

14.4.3.     Sewer system; Stormwater Management System; powers of City.

The City of Bel Aire shall have all the powers necessary or convenient to plan, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a Sewer System or Stormwater Management System, including such powers as the City may, from time to time, establish by way of ordinances adopted by the Governing Body of the City and including, but not by way of limitation, the following powers:

To impose service charges on property served by the City's Sewer System or Stormwater Management System. The method of calculating and fixing such service charge shall be as established by rules and regulations heretofore or hereafter adopted;

To provide that sewer service charges authorized in subparagraph (a) above shall, when delinquent, be certified by the Clerk of the City to the County Clerk of Sedgwick County to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall, thereafter, constitute a lien upon the real estate served by the Sewer System or Stormwater Management System and against which such charges were made;

To use the proceeds of the sewer service charges authorized in subparagraph (a) above to plan, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a Sewer System or Stormwater Management System;

To issue general obligation bonds or revenue bonds, as authorized by law, and to use the proceeds of the same to plan, alter, enlarge, extend, improve, construct, develop and redevelop a Sewer System or Stormwater Management System;

To use the proceeds of the sewer service charges authorized in subparagraph (a) above to pay the principal and interest on bonds heretofore or hereafter issued for the planning, altering, enlarging, extending, improving, constructing, reconstructing, developing, redeveloping, operating and maintaining of a Sewer System or Stormwater Management System;

To contract with agencies of the federal government, public bodies of this state or other states, or with any private person or body for jointly planning, altering, enlarging, extending, improving, constructing, reconstructing, developing, redeveloping, operating and maintaining a Sewer System or Stormwater Management System;

To contract with agencies of the federal government, public bodies of this state or other states or with any private person or body for receiving and treating sewage or stormwater from outside of the city limits of the City;

To plan, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a Sewer System or Stormwater Management System outside the city limits of the City and to have the right of eminent domain outside the city limits of the City in order to acquire land and right of way for a Sewer System or Stormwater Management System;

To borrow money and to apply for and accept advances, loans, grants, contributions or any other form of financial assistance from the federal government, the state, county or any other public body for the purposes of this act, and the City may, when contracting with the federal government for any such financial assistance, include in any such contract such conditions imposed pursuant to federal law as the City may deem reasonable and appropriate;

To, under authority granted herein, establish a sanitary Sewer System utility, a Stormwater System utility, and to combine its sanitary Sewer System utility and Stormwater System utility and its Water utility into one or more utilities; and

To establish a unified and consolidated billing system for its sanitary Sewer System utility, its Stormwater System utility and its Water utility, whether or not the same are combined as provided for in subparagraph (j) above.

(C.O. No. 18; Ord. 598)

14.4.4.     Definitions.

Definitions utilized by this Article regarding land use are intended to clarify the process of determining stormwater management fees, and shall not be made applicable to other chapters of this Code, nor to the City’s Planning and Zoning Code.

(C.O. No. 18; Ord. 598)

14.4.5.     Rules and regulations authorized; billing and collection of sewer service charges; discontinuance of water service, when.

The City shall have the power by ordinance or resolution to adopt rules and regulations that shall include, but not be limited to, providing for the management and operation of its Sewer System or Stormwater Management System, prohibiting the discharge into such Sewer System or Stormwater Management System of matter deleterious to the proper operation of the Sewer System or Stormwater Management System and the general health, safety and welfare of the community, establishing the types and characteristics of sewage and stormwater that may be discharged into the Sewer System or Stormwater Management System, establishing the method for calculating and fixing the service charge for property served by the City's Sewer System and Stormwater Management System, requiring security for the payment thereof, and providing methods and rules of collection, and providing for the disposition of the revenue therefrom. In the event any person, firm, corporation, political unit or organization living or operating on property served by the City's Sewer System or Stormwater Management System shall neglect, fail or refuse to pay the service charges fixed by the governing body of the City, the City may, as authorized by rules and regulations adopted under the authority of this section and if a unified and consolidated billing system has been established, refuse the delivery of water through the pipes and mains of its publicly owned waterworks until such time as such charges are fully paid.

(C.O. No. 18; Ord. 598)

14.4.6.     Issuance of sewer system revenue bonds; requirements.

The City shall have the power to issue revenue bonds from time to time in its discretion to finance the planning, altering, enlarging, extending, improving, constructing, and reconstructing of a Sewer System or Stormwater Management System under this act. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of the City derived from or held in connection with its Sewer System or Stormwater Management System: Provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government.

Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and shall not be subject to the provisions of any other law relating to the authorization, issuance or sale of bonds. Bonds issued under the provisions of this Article are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.

Bonds issued under this section shall be authorized by ordinance or resolution of the governing body and may be issued in one or more series and shall bear such date or dates, be payable on demand or mature at such time or times, bear interest at such rate or rates, not exceeding the maximum rate of interest prescribed by K.S.A. 10-1009, be in such denomination or denominations, be in such form, have such rank or priority, be executed in such manner, and be subject to such terms of redemption (with or without premium), be secured in such manner, and have such other characteristics as may be provided by such ordinance or resolution issued pursuant thereto.

(C.O. No. 18; Ord. 598)

14.4.7.     Same; powers supplemental and additional.

The powers herein granted to plan, alter, enlarge, extend, improve, construct, reconstruct, develop, redevelop, operate and maintain a Sewer System or Stormwater Management System and to issue bonds shall be supplemental to and not amendatory of the provisions of all other laws and shall not be construed to limit the City's authority under the provisions of any other laws.

(C.O. No. 18; Ord. 598)

14.4.8.     Administration.

The Director shall have the power to undertake the following activities to implement the Stormwater Management Program:

Advise the Governing Body on matters relating to the Stormwater Management Program and to make recommendations to the Governing Body concerning the adoption of ordinances, resolutions, policies, guidelines and regulations in furtherance of the objectives of the Stormwater Management Program.

To undertake studies, acquire data, prepare master plans, analyze policies or undertake such other planning and analyses as may be needed to address concerns related to stormwater within the City and to further the objectives of the Stormwater Management Program, and to undertake activities designed to communicate, educate and involve the public and citizens in addressing these issues or in understanding and abiding by the elements of the Stormwater Management Program.

Acquire, design, construct, operate, maintain, expand, or replace any element or elements of the Public Storm Sewers, including funding the acquisition of easements by eminent domain, and obtaining title or easements other than by eminent domain, over any real or personal property that is part of, will become part of or will protect the Public Storm Sewers, or is necessary or convenient for the implementation of the Stormwater Management Program.

Regulate, establish standards, review, and inspect the design, construction or operation and maintenance of any Stormwater Management System that is under the control of private owners, whether or not such systems are required or intended for dedication to the Public Storm Sewer system, when such systems have the potential to impact, enhance, damage, obstruct or affect the operation and maintenance of the Public Storm Sewers or the implementation of the Stormwater Management Program.

Regulate, establish standards, review and inspect land use or property owner activities when such activities have the potential to affect the quantity, timing, velocity, erosive forces, quality, environmental value or other characteristics of stormwater which would flow into the Stormwater Management System or in any way effect the implementation of the Stormwater Management Program.

Undertake any activities related to stormwater management when such activities are recommended by applicable federal, state or local agencies or when such activities are required by any permit, regulation, ordinance, or statute governing stormwater or water quality concerns.

Analyze the cost of services and benefits provided by the Stormwater Utility and the structure of fees, service charges, credits, and other revenues on an annual basis and make recommendations to the Governing Body regarding the same.

Undertake expenditures as required by the Governing Body to implement these activities, including all Costs of Capital Improvements, Operations and Maintenance, Debt Service, and other costs as required.

(C.O. No. 18; Ord. 598)

14.4.9.     Budget.

The operating budget shall conform to State law, City policy and generally accepted accounting practices. The City, as part of its annual budget process, may adopt capital and operating budgets for the Stormwater Utility, and may utilize enterprise funds, special revenue funds or reserve funds as deemed reasonable and appropriate by the Governing Body of the City. The operating budget will commence in January of each year.

(C.O. No. 18; Ord. 598)

14.4.10.     Stormwater utility user fee.

Fee Established. There is hereby imposed on each and every residential developed property and nonresidential developed property, other than property that is not serviced by the stormwater management system or exempt property, a stormwater utility user fee. Such stormwater utility user fee may be determined in association with the use of such property: agricultural, residential, commercial, manufacturing or industrial. The stormwater utility fees shall be set, and may be updated or modified, through the City’s Fee Schedule as approved by the Governing Body.

Stormwater utility user fee for Residential Developed Property. In the event of a newly constructed dwelling unit, the charge for the stormwater utility user fee attributable to that dwelling unit shall commence upon the issuance of the certificate of occupancy for that dwelling unit, or if construction is at least fifty percent complete and is halted for a period of three months, then that dwelling unit shall be deemed complete for purposes of this Code and the stormwater utility user fee shall commence at the end of the three-month period.

Stormwater utility user fee for Nonresidential Developed Property, other than agricultural. In the event of a newly constructed commercial property, the charge for the stormwater utility user fee attributable to that property shall commence upon the issuance of the certificate of occupancy for that unit, or if construction is at least fifty percent complete and is halted for a period of three months, then that unit shall be deemed complete for purposes of this Code and the stormwater utility user fee shall commence at the end of the three-month period.

Agricultural Property; Exemptions. Real property zoned agriculture, and utilized for agricultural practices, generally maintains little area which is impervious to stormwater runoff it shall be deemed exempt from the fee established herein. Property owners utilizing property for agricultural purposes which is not zoned agriculture may apply for an agricultural exemption from the Director. Such appeals shall be evaluated on a case-by- case basis, and all decisions placed in writing and maintained by the City Clerk. Generally, property with no structures may be granted such exemption.

Stormwater utility user fee Credit. The Governing Body may by resolution adopt guidelines that establish credits and/or incentives that reduce the stormwater utility user fee that would otherwise be assessed against properties that utilize privately owned and maintained retention or detention facilities, if it is determined that the existence of such retention or detention facilities results in a reduction in the operating budget of the utility.

(C.O. No. 18; Ord. 598)

14.4.11.     Appeal procedure.

Any decision of the Director, or his designee, not resolved to the satisfaction of the property owner may be appealed to the Mayor within five days of the receipt of the decision of the Director, or his designee. Such appeal shall be filed in writing through the City Clerk. Based on the written testimony, reports, file documents, etc., the Mayor shall make a decision within ten working days of the receipt of the appeal and provide a written response to the appellant. This response shall serve as the final administrative decision of the City.

The decision of the Mayor shall be final and any further appeal of such decision shall be to the Eighteenth Judicial District Court of the state of Kansas by way of the provisions of K.S.A. 60-2101(d).

(C.O. No. 18; Ord. 598)

14.4.12.     Stormwater utility user fee collection.

The operation and maintenance of the stormwater utility shall be combined with the existing water/wastewater/solid waste utility. The stormwater utility user fee shall be billed and collected monthly with the monthly water and sewer utility bill for those properties utilizing other city utilities and shall be billed and collected separately at intervals as set by the director for those properties not utilizing other city utilities. The stormwater utility user fee for those properties utilizing other city utilities shall be part of a consolidated statement for utility customers which shall be paid by a single monthly payment. In the event that a partial payment is received, the payment shall be applied to the water and sewer portion of the account first and then to the stormwater utility user fee portion of the account. Unless otherwise provided for herein, all bills for stormwater utility user fees shall become due and payable in accordance with sections of the code of the city and with rules and regulations that pertain to the Bel Aire water and sewer utility that relates to the collection of utility charges. Stormwater utility user fee bills for any given property shall initially be the responsibility of the person who is paying for water and/or sewer service for the property. If the property is not using water and/or sewer services, then stormwater utility user fees shall be the responsibility of the person in possession of the property, unless other arrangements are made. If no person is in possession of the property, then the stormwater utility user fees shall be the responsibility of the property owner. The property owner is responsible for the stormwater utility user fees not paid by the occupant.

Stormwater utility user fees shall be subject to a penalty for late payment as set forth within the Fee Resolution adopted by the City. In addition to any other remedies or penalties provided by this chapter or any other ordinance of the City, failure of property owner to pay such charges promptly when due shall subject such property to discontinuance of water services and the Director, or his/her designee, is empowered and directed to enforce this provision as to any and all delinquent users in accordance with provision(s) applicable to Water and Sewer Utility Services.

Stormwater utility user fees authorized to be charged in this Chapter when delinquent may be certified by the City Clerk to the County Clerk of Sedgwick County to be placed on the tax roll for collection, subject to the same penalties and to be collected in like manner as other taxes, and such charges shall, thereafter, constitute a lien upon the real estate served by the stormwater utility and against which such charges were made, regardless of whether the stormwater utility user fees were incurred when a property owner was in possession of the property or a non-owner was in possession of the property, as all parties are hereby on notice that such fees are due and owing upon property located within the City.

(C.O. No. 18; Ord. 598)

14.4.13.     Stormwater utility fund.

Stormwater utility user fees collected by the city shall be paid into an enterprise, special revenue fund, and/or reserve fund which will be known as the "stormwater utility fund." Such fund shall be used for the purpose of paying the extension and replacement, operations and maintenance and debt service of the stormwater management system and to carry out all other purposes of the utility.

(C.O. No. 18; Ord. 598)