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Legislation #: 990302 Introduction Date: 3/4/1999
Type: Ordinance Effective Date: 4/4/1999
Sponsor: None
Title: Amending Chapter 60 of the Code of Ordinances of Kansas City, Missouri, entitled "Sewers and Sewer Disposal" by repealing Article V, Section 60-303 "Collection and amount of stormwater fees", and enacting in lieu thereof a new section of like number establishing policy, procedures and charges for the stormwater fee; establishing an effective date of May 1, 1999; amending the Code of Ordinances of Kansas City, Missouri by repealing Section 60-302, Section 60-303 as enacted herein, and Sections 63-2 and 63-3 as enacted in Ordinance No. 981135 (3rd Committee Substitute) and enacting in lieu thereof, as part of a new Chapter 63, entitled "Storm Water Management", a new Section 63-2 of like subject matter and a new Section 63-3 of like subject matter as Section 63-303 as enacted herein; and establishing an effective date of June 1, 1999.

Legislation History
DateMinutesDescription
3/4/1999

Prepare to Introduce

3/4/1999

Referred Finance & Administration Committee

3/10/1999

Hold On Agenda

3/17/1999

Do Pass

3/18/1999

Assigned to Third Read Calendar

3/25/1999

Amended

3/25/1999

Passed as Amended


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ORDINANCE NO. 990302, AS AMENDED

 

Amending Chapter 60 of the Code of Ordinances of Kansas City, Missouri, entitled Sewers and Sewer Disposal by repealing Article V, Section 60-303 Collection and amount of stormwater fees, and enacting in lieu thereof a new section of like number establishing policy, procedures and charges for the stormwater fee; establishing an effective date of May 1, 1999; amending the Code of Ordinances of Kansas City, Missouri by repealing Section 60-302, Section 60-303 as enacted herein, and Sections 63-2 and 63-3 as enacted in Ordinance No. 981135 (3rd Committee Substitute) and enacting in lieu thereof, as part of a new Chapter 63, entitled Storm Water Management, a new Section 63-2 of like subject matter and a new Section 63-3 of like subject matter as Section 63-303 as enacted herein; and establishing an effective date of June 1, 1999.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 60 of the Code of Ordinances of Kansas City, Missouri, is hereby amended by repealing Article V, Section 60-303, and enacting in lieu thereof a new section, to read as follows:

 

Sec. 60-303. Collection and amount of stormwater fees.

 

There is hereby assessed a stormwater fee against every property owner within the city limits. The fee shall be based on the amount of surface (Runoff Surface) on a given property that prevents stormwater from being absorbed into the ground. The stormwater fee shall be used for the sole purpose of stormwater management which includes catch basin maintenance, storm sewer and channel maintenance, flood protection system management and stormwater master planning.

 

(a) Fee structure. The stormwater fee is based upon the amount of Runoff Surface on a property, not on actual or theoretical stormwater runoff. This fee structure considers Runoff Surface to be an indicator of a propertys runoff contribution, but also considers the fixed costs of the stormwater utility, which benefit all properties in the city. Fixed costs include program administration as well as maintenance of the storm drainage and flood protection systems.

 

(b) Runoff surface. A Runoff Surface is an impervious surface area which does not allow rain or snow melt to be absorbed into the ground.

 

(1) Runoff surfaces include, but are not limited to: rooftops, and asphalt or concrete surfaces such as driveways, patios, parking lots, tennis courts, and swimming pools.

 

(2) Runoff surfaces do not include wood decks located above a pervious (dirt, grass or gravel) surface area, or gravel/rock areas such as: driveways, parking lots and rocked landscaped areas, or driveways or parking lots not required to be paved pursuant to Kansas City Code Section 52-35.

 

(c) Fee amount. The stormwater fee shall be $0.35 per month for each 500 square feet (Runoff Unit), or portion of 500 square fee, of Runoff Surface on a property. Portions of a Runoff


Unit shall be rounded up to the next highest Runoff Unit only when the portion is 0.5 Runoff Unit or greater.

 

(d) Stormwater fee credits.

 

(1) Detention basin credit. Stormwater detention basins are installed and maintained to reduce the peak flow of stormwater from a drainage area, thereby reducing flooding and erosion downstream. Properties served by a stormwater detention basin shall be granted a 10% stormwater fee credit, if the detention basin is properly maintained. It shall be the duty of the property owner to apply for the credit. A property owner may apply for an additional credit, not to exceed an additional 50% of the stormwater fee, if the detention basin reduces the peak stormwater flow from the property to pre-development standards.

 

(2) Ratio credit. Properties that have a large pervious area to help absorb runoff from the Runoff Surface will be given a ratio credit, if the ratio of the total property area to the Runoff Surface area is at least 30:1. Properties which qualify shall be granted a 50% stormwater fee credit.

 

(e) Appeals. Upon the written request of any owner whose property is subject to the stormwater fee, the director of water services, or a person designated by the director, shall review the applicability or amount of the stormwater fee. Matters which shall be reviewed may include (1) whether a surface is considered a runoff surface subject to the stormwater fee, (2) amount of runoff surface, or number of Runoff Units, subject to the stormwater fee, (3) bill payment responsibilities, and (4) amount and applicability of stormwater fee credits.

 

(f) Billing procedures.

 

(1) Stormwater fee charges for existing water service or sanitary sewer service customers shall be included on the water bill, in the manner established by Chapter 78 of Kansas Citys Code of Ordinances, subject to additional provisions of this subsection.

 

(2) For properties served by two water accounts, the stormwater fee may be divided between the customers.

 

(3) For properties served by more than two water accounts, for properties where the water or sewer service accounts are inactive, or for properties which have no water or sewer service account, a bill shall be sent to the property owner. The director of water services shall determine the frequency of the billing.

 

(g) Maximum fee. The maximum stormwater fee for a parcel of property shall not exceed $300.00 per month for the current fiscal year.

 

(h) Rules and regulations. The director of water services shall have power to promulgate reasonable rules, regulations, orders and directions as may be necessary and feasible to implement the provisions of this section.

 

(i) Additional enforcement of collections. In addition to procedures established in this section and section 78.15.1 of the Code of Ordinances of Kansas City, the stormwater fee may be collected and enforced under and pursuant to the provisions of chapter 66 of the Code of Ordinances of Kansas City.

 

Section B. That the effective date for Section A of this ordinance shall be May 1, 1999.

 

Section C. That the Code of Ordinances of Kansas City, Missouri, is hereby amended by repealing Article V, Section 60-302, and Section 60-303, as enacted in Sections A and B of this ordinance, and by repealing Sections 63-2 and 63-3, as enacted in Ordinance No. 981135 (3rd Committee Substitute), and enacting in lieu thereof, as part of a new Chapter 63, entitled Storm Water Management two new sections, to read as follows:

 

Sec. 63-2. Stormwater utility division; applicability of stormwater fee.

 

(a) There is hereby created a stormwater utility division in the department of water services under the control of the director of water services, who is empowered to implement the provisions of this article.

 

(b) The stormwater utility hereby created shall be responsible for the management of the stormwater sewers and appurtenances that are a part of the citys sewerage system.

 

(c) The owner of each parcel of land within the city shall be responsible for payment of the stormwater fee.

 

 

Sec. 63-3. Collection and amount of stormwater fees.

 

There is hereby assessed a stormwater fee against every property owner within the city limits. The fee shall be based on the amount of surface (Runoff Surface) on a given property that prevents stormwater from being absorbed into the ground. The stormwater fee shall be used for the sole purpose of stormwater management which includes catch basin maintenance, storm sewer and channel maintenance, flood protection system management and stormwater master planning.

 

(a) Fee structure. The stormwater fee is based upon the amount of Runoff Surface on a property, not on actual or theoretical stormwater runoff. This fee structure considers Runoff Surface to be an indicator of a propertys runoff contribution, but also considers the fixed costs of the stormwater utility, which benefit all properties in the city. Fixed costs include program administration as well as maintenance of the storm drainage and flood protection systems.

(b) Runoff surface. A Runoff Surface is an impervious surface area which does not allow rain or snow melt to be absorbed into the ground.

 

(1) Runoff surfaces include, but are not limited to: rooftops, and asphalt or concrete surfaces such as driveways, patios, parking lots, tennis courts, and swimming pools.

 

(2) Runoff surfaces do not include wood decks located above a pervious (dirt, grass or gravel) surface area, or gravel/rock areas such as: driveways, parking lots and rocked landscaped areas, or driveways or parking lots not required to be paved pursuant to Kansas City Code Section 52-35.

 

(c) Fee amount. The stormwater fee shall be $0.35 per month for each 500 square feet (Runoff Unit), or portion of 500 square fee, of Runoff Surface on a property. Portions of a Runoff Unit shall be rounded up to the next highest Runoff Unit only when the portion is 0.5 Runoff Unit or greater.

 

(d) Stormwater fee credits.

 

(1) Detention basin credit. Stormwater detention basins are installed and maintained to reduce the peak flow of stormwater from a drainage area, thereby reducing flooding and erosion downstream. Properties served by a stormwater detention basin shall be granted a 10% stormwater fee credit, if the detention basin is properly maintained. It shall be the duty of the property owner to apply for the credit. A property owner may apply for an additional credit, not to exceed an additional 50% of the stormwater fee, if the detention basin reduces the peak stormwater flow from the property to pre-development standards.

 

(2) Ratio credit. Properties that have a large pervious area to help absorb runoff from the Runoff Surface will be given a ratio credit, if the ratio of the total property area to the Runoff Surface area is at least 30:1. Properties which qualify shall be granted a 50% stormwater fee credit.

 

(e) Appeals. Upon the written request of any owner whose property is subject to the stormwater fee, the director of water services , or a person designated by the director, shall review the applicability or amount of the stormwater fee. Matters which shall be reviewed may include (1) whether a surface is considered a runoff surface subject to the stormwater fee, (2) amount of runoff surface, or number of Runoff Units, subject to the stormwater fee, (3) bill payment responsibilities, and (4) amount and applicability of stormwater fee credits.

 

(f) Billing procedures.

 

(1) Stormwater fee charges for existing water service or sanitary sewer service customers shall be included on the water bill, in the manner established by Chapter 78 of Kansas Citys Code of Ordinances, subject to additional provisions of this subsection.

(2) For properties served by two water accounts, the stormwater fee may be divided between the customers.

 

(3) For properties served by more than two water accounts, for properties where the water or sewer service accounts are inactive, or for properties which have no water or sewer service account, a bill shall be sent to the property owner. The director of water services shall determine the frequency of the billing.

 

(g) Maximum fee. The maximum stormwater fee for a parcel of property shall not exceed $300.00 per month for the current fiscal year.

 

(h) Rules and regulations. The director of water services shall have power to promulgate reasonable rules, regulations, orders and directions as may be necessary and feasible to implement the provisions of this section.

 

(i) Additional enforcement of collections. In addition to procedures established in this section and section 78.15.1 of the Code of Ordinances of Kansas City, the stormwater fee may be collected and enforced under and pursuant to the provisions of chapter 66 of the Code of Ordinances of Kansas City.

Section D. That the effective date for Section C of this ordinance shall be June 1, 1999.

 

___________________________________________________________________

 

Approved as to form and legality:

 

 

 

________________________________

Assistant City Attorney