HomeMy WebLinkAboutOrd #149 3rd Ser/Amending Article III Div. V Subd IV Regarding Stormwater Trunk FeesORDINANCE NO. 149, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
I„VO 14WIT13 I► : ► M
AMENDING ARTICLE III, DIVISION V, SUBDIVISION l V
OF THE ORONO MUNICIPAL CODE
REGARDING STORMWATER TRUNK FEES
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Sections 14-281 through 14-287 of the City of Orono Municipal Code are hereby
amended by deleting and adding text as follows:
"Orono Municipal Code Article III, Division V, Subdivision IV. Stormwater Trunk Fee
Sec. 14-281. Statutory authority.
Minn. Stat. § 444.075 authorizes cities to impose just and reasonable charges for the use and
availability of storm sewer facilities (charges). By this subdivision, the city elects to exercise
such authority.
(Ord. No. 214 2nd series, § 1(1), 12-10-2001)
Sea 14-282. Findings and determinations
In providing for such charges, the findings and determinations set out in this section are
made.
(1) In the exercise of its governmental authority and in order to promote the public health,
safety, convenience and general welfare, the city has constructed, operated and maintained a
storm sewer system (the system). This subdivision is adopted in the further exercise of such
authority and for the same purpose.
(2) The system, as constructed, heretofore has been financed and paid for through the
imposition of special assessments and ad valorem taxes. Such financing methods were
appropriate to the circumstances at the time they were used. It is now necessary and desirable
to provide an alternative method of recovering some or all of the future costs of improving,
maintaining and operating the system through the imposition of charges as provided in this
subdivision.
(3) Development or- re evei^..m of land changes the characteristics of the stormwater
runoff from the property and results in the need for improved stormwater facilities, and also
increases the demand on the stormwater system, which results in greater maintenance and
operational costs of the system.
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(4) In imposing charges, it is necessary to establish a methodology that undertakes to make
them just and equitable. Taking into account the status of completion of the system, past
methods of recovering system costs, the topography of the city and other relevant factors, it
is determined that it would be just and equitable to assign responsibility for some or all of the
future costs of operating, maintaining and improving the system on the basis of the acreage
of land to be developed er- Fedeveleped.
(5) Assigning costs and making charges based upon expected typical stormwater runoff
cannot be done with mathematical precision but can only be accomplished within reasonable
and practical limits. The provisions of this subdivision undertake to establish a reasonable
and practicable methodology for making such charges.
(Ord. No. 214 2nd series, § 1(2), 12-10-2001)
Sec. 14-283. Rates and charges
(a) Establishing. The stormwater trunk fee charges, for various land uses, shall be included
in the city fee schedule and shall be changed as necessary by resolution of the council.
(b) Determination. The city has developed a surface water management plan that includes
design criteria for stormwater systems and preliminary design information for a
comprehensive stormwater system in the city. In general, stormwater trunk fees are
calculated by dividing the total cost of system construction, by the number of developable
acres the system will serve. The appropriate base trunk fee per acre, to be used on a citywide
basis, shall be determined as necessary using this methodology.
(c) Acreage equivalency factors. Recognizing that different types of land use generate
different amounts of stormwater runoff, an equivalency factor multiplier is assigned to each
land use type. The two -acre residential lot is considered as the standard in the city, because a
large percentage of the land in the city is zoned for two -acre single-family residential land
use. The two -acre single-family residential lot will be assigned an equivalency factor of 1.0.
The table below lists the equivalency factors for different land uses. These equivalency
factors will be applied to the base trunk fee per acre.
TABLE INSET:
Land Use
Equivalency Factor
Single -Family Residential 5 -Acre Zone (0 (2)
0.8
Single -Family Residential 2 -Acre Zone (3)
1.0
Single -Family Residential 1 -Acre Zone
1.3
Single -Family Residential 112 -Acre Zone
1.5
Multifamily Residential 4 Units/Acre or Less
1.8
Multifamily Residential Greater than 4 Units/Acre
2.1
Commercial or Industrial
2.4
qi
NMI -104'
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.
(d) Trunk Fee Calculation,_ Credits and Reductions. The following calculation, credits and
reductions shall be applicable to new development projects as defined in Section 14-284:
1. Trunk fee charged on per lot basis. For the 5-acre 2-acre 1-acre and 112-acre zonin
districts, the trunk fee shall be charged on a per-lot basis. Only acreage platted as
building lots shall be charged the trunk fee. Acreage platted as road-rights-of-wgy or
outlots_for other purposes shall not be charged the trunk fee. The doIlar amount
calculated by multi 1 'n a the number of new lots b the zoning district base
acreage per lot by (c) the base trunk fee per lot established in the City Fee Schedule, shall
be deemed the Base Development Trunk Fee.
2. Maximum fee. For the five-acre zoning district, any lot exceeding 5.0 gross acres,
including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 5.0
acre parcel.
3. Maximum fee. For the two-acre zoning districts, any lot exceeding 2.0 gross acres,
including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 2.0
acre parcel.
4. Fee Credits. For the two-acre and five-acre zoning districts, a combined reduction of
Lap to 50% of the Base Development_ Trunk Fee shall be allowed for the percentage of the
total development property acreage in one or more of the following categories:
- acreage of newly -created wetland.
- acreage of stormwater ponding or similar improvements that provide additional
treatment benefits beyond what is required to treat the stormwater runoff from
the development site.
- acreage of conservation easements resulting from Conservation Design process.
5. Maximum fee. For the one -acre zoning districts, any lot exceeding 1.0 ;gross acres,
including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 1.0
acre parcel.
6. Maximum fee. For the 112 -acre zoning districts, any lot exceeding 0.5 ;gross acres,
including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 0.5
acre parcel.
7. Multi -family and Hi -Density Single Family Developments. Trunk fee shall be charged
on a per -acre basis, except that the following acreages will not be subject to the trunk fee:
- all wetland acreage u to the delineation line
- acreage of stormwaterop nding or similar improvements that provide additional
treatment benefits beyond what is required to treat the stormwater runoff from
the development site.
- acreage of conservation easements resulting from Conservation Design process
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(d e) Payment. All applicable stormwater trunk fee charges set forth in this subdivision
shall be paid in full before any building or land alteration permits are issued for the project.
(Ord. No. 214 2nd series, § 1(3), (4), (9), 12-10-2001; Ord. No. 222 2nd series, § 1, 11-12-
2002)
Sec. 14-284. New development projects
For the nWoses of this Subdivision New Development Projects will be defined as any land
subdivision that creates new building lots" or construction of structures on a previously
vacant parcel. New development projects shall pay the base trunk fee per acre of land
developed adjusted using the appropriate land use equivalency factor as set forth in this
Subdivision per the provisions of Section 14-283. Additionally, the following provisions for
new development projects shall a13131y:
(1) When property is subdivided to create new building lots, only the newly created vacant
lots will be charged the trunk fee. A lot that has an existing home or principal structure
which is intended to remain ost-subdivision will not be char ed the trunk fee.
(2) For a subdivision that results in separation of a prapg!y into an existing house lot (house
to remain)and a large further-subdividable vacant lot, the trunk fee shall be charged only
for the further-subdividable vacant lot in an amount qual to the er-lot trunk fee for the
underlykiz zoning district based on one lot.
(3) For a subdivision that results in separation of a property into a large further,subdividable
lot with an existing house to ata and a new small not further subdividable lot on which
a new home will be constructed the trunk fee shall be char ed only for the new small lot.
(4) When Outlotsare created that are intended via aporopriate zoning documentation for
future developMent subject to: a future further subdivision" orb no development
allowed until converted to a Lot; then no trunk fee shall be collected until such further
development occurs.
(Ord. No. 214 2nd series, § 1(5), 12-10-2001)
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Sec. 14-28& Responsibility to supply information.
The owner, occupant or person in charge of the property subject to this subdivision shall
supply the city with such information as the city may reasonably request related to the use,
development and area of the property. Willful failure to provide such information or to
falsify such information is a violation of this subdivision.
(Ord. No. 214 2nd series, § 1(10), 12-10-2001)
Sec. 14-28 7. Adjustment of charges.
The intent of the stormwater trunk fee is to provide funding for improvements to the
stormwater system as the result of development in the city. Current regulations require
property owners to provide stormwater treatment for the stormwater from the development
property. The city reserves the right to develop policies to provide stonnwater trunk fee
credits for stormwater improvements on developing properties that provide additional
treatment benefits beyond what is required to treat the stormwater runoff from the
development site.
(Ord. No. 214 2nd series, § 1(8), 12-10-2001)
Sec. I4-288. Credit for Past Payments.
Past trunk fee payments made with respect to a s ecific property shall be credited as follows:
1. Once the trunk fee is paid for a lot created by a new subdivision, it will not be charged
again when a house is built on that lot, nor when that house is later expanded.
2. If a lot for which the trunk fee was paid under a past subdivision is then itself subdivided,
no additional trunk fee will be charged if the original trunk fee was based on the entire
acreage of the parcel now being divided. However, if the original trunk fee was based on
an acrea a amount less than the acreage of the parcel now being divided then a
EMIementga fee shall be required in an amount to be calculated as follows:
(Number of new lots being created x base per -lot acreage for zone)
minus umber of acres originally char gd = Number of acres to be char ed
SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
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ADOPTED this 26th day of May, 2015 on a vote of 5 ayes and o nays by the
City Council of Orono, Minnesota.
ATTEST:
x
Di gs, City Jerk Lili Tod McMillan, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of 2015.
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