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1. Imposed. Each developed parcel of real property in the city shall be charged a storm water utility fee.

2. Equivalent service unit. The fee shall be based on the number of equivalent service units (ESUs) contained in the parcel. The city council finds that the ESU is the most accurate measurement for determining the amount that each parcel contributes to, benefits from, and otherwise uses the storm water utility. Based on engineering studies completed in the Utah County area, the city council finds and establishes that one ESU equals two thousand eight hundred twenty (2,820) square feet of impervious surface area.

3. Calculation. Based on engineering data, the city council finds that each single family residential unit contributes approximately the same amount of storm water runoff rate, one ESU. All multi-family residential parcels shall pay a multiple of this base rate, expressed in ESUs, according to the measured impervious area on the parcel. The city council may adopt separate rates for Performance Developments, condominiums and other uses that are not easily handled under the standard rate schedule.

4. Charge per ESU. The amount charged for each ESU shall be established from time to time by public hearing and by resolution of the city council.

5. Exemptions and credit. The city council may establish exemptions and credits to the storm water utility fee by resolution.

6. Policies. The public works director may adopt policies, consistent with this ordinance and any resolutions passed by the city council, to assist in the application, administration and interpretation of this ordinance and any resolutions related to the storm water utilities.

7. Appeals. Any person or entity that believes that this ordinance, or any storm water utility rate resolution, was interpreted or applied erroneously may appeal to the city administrator. The appeal shall be in writing, shall state any facts supporting the appeal, and shall be made within ten (10) days of the decision, action, or bill being appealed. The city administrator may elect to hold a hearing on the appeal. The city administrator shall respond to the appeal in writing within ten (10) days of when the appeal is filed. If the person or entity is not satisfied with the city administrator's decision, a further appeal may be made to the city council. The appeal to the city council shall follow the same procedures as the appeal to the city administrator. The city council's decision shall be final and binding on all parties.

8. Storm water utility fee waiver. Eligibility Requirements.

a. Eligible persons. Any low income person who meets the income requirements is eligible to apply for a waiver of the municipal storm water utility fee on that person's owner occupied primary residence or on a residence where the person is a tenant.

b. Application process. The fee waiver application must be filed at the time of initiation of service, or on or before the first day of the month preceding the effective date of the waiver with the city.

c. Required information. The application must set forth adequate facts to support the Person's eligibility for waiver to include:

i. A statement certifying that the applicant's household income does not exceed the maximum allowable yearly income as promulgated by the State of Utah to qualify for property and income tax abatements. Household income means all taxable or non-taxable income from all sources including, but not limited to, gross income, net rents, interest, alimony, support payments, disability payments, public assistance payments, retirement income, and social security benefits. Household income does not include relief in kind supplied by a public agency.

ii. The city may require proof of residency for at least ten (10) months of the year;

iii. Signatures of both husband and wife are required if the waiver they seek is on a residence owned in joint tenancy.

d. Claim limits. A person may request a waiver on only one primary residence.

e. Approval of application. The City Treasurer may approve the application if the appropriate documentation as set forth above is provided by the applicant or the applicant can provide adequate proof that they have qualified for and been granted an abatement or “circuit breaker” allowance from Utah County or the State of Utah on their property taxes or income taxes.

f. Renewal. A citizen receiving this fee waiver must re-apply annually. (Ord. 98-5, amended, 2000; Ord. 97-14, adopted, 1997)