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2015-10-19 - Ordinance 2015-060 - ADDINGG CHAPTER 3.71, STORMWATER UTILITY FEE ORDINANCE NO. 2015 - 60 AN ORDINANCE ADDING A NEW CHAPTER 3.71, STORMWATER UTILITY FEE TO THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove ("Village") is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and, pursuant thereto, has the authority, except as limited by said Section 6 of Article VII, to exercise any power and perform any function pertaining tote government and affairs of the Village, including the power to regulate for the protection of the public health, safety and welfare; and WHEREAS, the Village owns and operates a system of storrn sewers, drains, pipes, pump stations and outlets that collects stormwater that drains from properties located within the corporate limits oft e Village and transports that stormwater for delivery into open watercourses -and WHEREAS, the principal watercourses that drain stormwater runoff from the Village are the Aptakisic Creek, Buffalo Creek, Indian Creek, Kildeer Creek, Aspen Ditch, Farrington Ditch, and White Pine Ditch; and WHEREAS, the Buffalo Grove Village Board ("Village Board") finds and determines that, due to the high cost of some of the so water projects and the long life of stormwater facilities once they are in place, it is in the best interests of the Village and its residents that the cost of the so water projects be spread over a long period of time, so that, tote extent reasonably possible, the stormwater projects are paid for as the improvements are used and current users of the Stonriwater System do not pay for the use of the to water System by future users; and WHEREAS,the Village Board finds and determines that, in order to provide an effective and long to approach to stormwater management within the Village, it is necessary to provide an adequate and stable revenue stream for the stormwater projects and forte operation and maintenance oft e Stormwater System; and WHEREAS, the Village Board finds and determines that all land in the Village contributes to so water runoff and either uses or benefits f r o m the maintenance o f t he to water System, and WHEREAS, the Village Board finds and determines that it is in the best interests oft e health, safety and general welfare of the Village and its residents that the Stormwater System be operated as a municipal utility that is funded through user fees rather than property taxes; and WHEREAS, the Village Board finds and determines that owning and operating the to water System, and financing the operation, maintenance and improvement of the Stormwater System through user fees, are matters pertaining to the government and affairs oft e Village. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: - I - SECTION 1: The foregoing recitals are hereby incorporated as the findings o f t he Corporate Authorities of the Village of Buffalo Grove, as if fully set forth herein. SECTION 2: Title 3 of the Buffalo Grove Village Code, "Revenue and Finance," is hereby amended by adding a new Chapter 3.71, which shall be titled "Stormwater Utility Fees" and shall provide as follows: Chapter 3.71 Stormwater Utility Fee Sections: 3.71.010 Definitions 3.71.020 Purpose. 3.71.030 Stormwater Utility Fee established. 3.71.040 Billing and collection procedures. 3.71.050 Effect of nonpayment of bill. 3.71.060 Requests for adjustment of the Stormwater Utility fee for Tier 2 Parcels. Section 3.71.010 Definitions. The following words, terms and phases, when used in this Chapter, shall have the meanings ascribed to the in this Section, except where the context clearly indicates a different meaning. "Delinquent Accounts" means an account for which the billing amount has not been paid within the prescribed period of time as specified on the utility bill or stormwater invoice. "Parcel" means an area of land within the corporate limits of the Village that has been established by a plat or other legal means and has been assigned a Property Index Number(PIN) by the County in which the Parcel is located. "Stormwater System", means the system of conveyances owned and operated by the Village and designed for or used in the collection, control, transportation, treatment or discharge of stormwater, including but not limited to storm sewers, storm drains, curbs, gutters, ditches, detention ponds or basins, dams, river impoundment, manmade channels or storm drains, and flood control facilities, and any appurtenances thereto. "Stormwater Utility", means the Village of Buffalo Grove Stormwater Utility established by this Chapter for the management, operation, maintenance, engineering, planning and capital investments related to the to water System. "Undeveloped Parcel" means a Parcel of In that remains in its natural state with no impervious area. "User" means the owner of a Parcel that uses, benefits from or connects to the Village's Stormwater System. - 2 - Section 3.71.020 Purpose. The purpose of the Stormwater Utility fee is to protect the public health, safety and welfare of the residents of the Village of Buffalo Grove by reducing damage to property and local waterways from stormwater runoff and floods, through the construction and operation of flood reduction and control facilities, and through water quality management and flood plain management. It is also the purpose of this Chapter to provide an effective and long-term approach to stormwater management within the Village by identifying and providing an adequate and stable funding source for stormwater management. Section 3.71.030 Stormwater Utility Fee established. A. Stormwater Utility. The Village hereby establishes a Stormwater Utility fee to provide for the management, operation, maintenance, engineering, planning, construction, enhancement and rehabilitation of the Village's Stormwater System. B. Terms and Conditions of Service. All stormwater management service within the Village shall be provided in accordance with the provisions of Title 13 and the rules and regulations promulgated pursuant to this Chapter. C. Fee Imposed. A Stormwater Utility fee is hereby imposed on the owners of property in the Village. D. Fee Structure. The fee shall be the amount to be charged each of per Parcel in order to provide for the management, operation, maintenance, engineering, planning, construction, enhancement and rehabilitation of the Village's Stormwater System and provide for the payment of any principal and interest on any outstanding Stormwater Utility system debt that is due and payable during the fiscal year for which the Base Fee is calculated. The Stormwater Utility base fee shall be calculated as follows: 1,265,501 —. 182,087,589 = $0.006950 per square foot The Stormwater Utility fee shall be assessed in accordance with the following: 1. Tier I - Residential—Single Family Attached and Detached $0.006950 x Median Lot size(8,771.66) =Annual Fee($60.96) 2. Tier 2 - Multi-Family, Commercial/Industrial $0.006950 x Property Square Footage=Annual Fee Section 3.71.040 Billing and collection procedures. A. Issuance of bill. The Finance Department shall issue all bills for to water Utility fees. 1. For Users of the Stormwater System that have an existing utility account with the Village, the Finance Department may include the So water Utility fee on the same statement issued for such other utility service. - 3 - 2. The Finance Department may issue a separate bill to the owner of any Parcel that does not have an existing utility account with the Village. If the owner of such Parcel has not provided the Finance Department with a billing address, then the Finance Department may mail the to water Utility bill to the same person who receives property tax bills for that Parcel. B. Responsibility for payment. The owner of any Parcel, building or premises and the occupant thereof and the customer oft e utility service of said system shall be jointly and severally liable to pay for such Storinwater Utility fee for said premises. C. Application of payments. If the Stormwater Utility fee is included on a common statement and the user does not pay the total amount due on the statement, the payment shall be applied first to the Stormwater Utility fee. If any amount on a utility bill is past due, the payment will first be applied to such as due amounts. Section 3.71.50 Effect of nonpayment of bill. A. Additional Charges for Failure to Pay Bill. If any bill for stormwater service is not paid by the date due, as shown on the utility bill, a late payment penalty of nine percent shall be added to the bill and collected from the user. B. Collection Costs. Any unpaid bill that is turned over for collection shall be subject to an additional charge, the amount of which shall be established by the Village Manager, upon the recommendation of the Finance Director, in an amount sufficient to recover the Village's costs of carrying and collecting the debt. C. Unpaid Accounts Constitute Lien. All unpaid amounts of rates, fees and charges for Stormwater Utility service shall constitute a lien against the property to which service was provided; t o t he extent such lien is authorized by law. D. Effect of Delinquent Accounts. All delinquent to water Utility accounts shall be subject to the provisions of Chapter 1.08 of this code. In addition, no person with a delinquent Stormwater Utility account shall be allowed either a new utility service at another location in the Village, change or upgrade of the service at the premises for which the delinquent account has accrued, or be issued a permit for any other purpose unless the account is paid in full. Section 3.71.060 Requests for adjustment of the Stormwater Utility fee for Tier 2 Parcels. A. The owner of a Tier 2 Parcel, or the owner's authorized agent, may request correction of the to water Utility fee by submitting a written request to the Director of Public Works or his or her designee on or before the date payment is due. The owner of the Parcel is solely responsible for initiating any review of the amounts of the to water Utility fee. Grounds for correction of the Stormwater Utility fee include: I. Incorrect classification of the property for purposes of determining the fee-, 2. Errors in the square footage oft e area of the property; 3. Mathematical errors in calculating the fee to be applied to the property; and 4. Errors in the identification of the owner of a Parcel subject t o t he fee. - 4 - B. The Director of Public Works shall make a determination within 30 days after receipt of the property owner's completed written request for co ff ection of the fee. The owner of a Parcel may appeal the decision to the Village Manager within 30 days of the issuance of a decision byte Director of Public Works. The Village Manager's decision on a request for correction of the fee shall be final, C. Any owner of a Parcel who submits a request for correction of a fee shall provide all information necessary forte Village to make a determination on the request for correction of the fee. Failure to comply with the provisions of this Section shall be grounds for denial of the request. D. If an adjustment or correction is approved by the Village, the adjustment will be incorporated into the Stormwater Utility fee calculation forte specified Parcel and will apply to the next regularly generated bill. Under extenuating circumstances, the Village Manager may elect to issue refunds due to the owner in lieu of an adjustment to the utility bill. SECTION 3: This Ordinance is passed by the Corporate Authorities of the Village of Buffalo Grove in the exercise of its home rule powers pursuant to Section 6 of Article VII of the Illinois Constitution of 1970. SECTION 4: This Ordinance shall take effect January 1, 2016, AYES: 6—Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS- 0 - one ABSENT: 0— one PASSED: October 19, 2015. APPROVED. October 19, 2015. APPROVED: Beverly Sussrn , Village President ATTEST: Janet irabian, Village Clerk - 5 -