ORDINANCE NO. 120207
Amending Chapter 61, Code of
Ordinances, entitled “Stormwater”, by repealing Section 61-4, and enacting in
lieu thereof new sections of like number and subject matter that increases the
stormwater maximum fee; adjusts payment responsibility for stormwater fees; and
establishing an effective date.
BE IT ORDAINED BY THE COUNCIL OF
Section 1. That
Chapter 61, Code of Ordinances of the City of Kansas City, Missouri, entitled
“Stormwater”, is hereby amended by repealing Section 61-4, and enacting in lieu
thereof new sections of like number and subject matter, to read as follows:
Sec. 61-4. Collection and
amount of stormwater fees.
There is hereby
assessed a stormwater fee on every property within the city limits, that
prevents stormwater from being directly absorbed into the underlying ground.
The fee shall be based on the amount of surface ("runoff surface") on
a given property. Such fees are to be computed and levied as follows:
(1) Fee structure. The stormwater fee is based upon the
amount of runoff surface on a property, not an actual or theoretical stormwater
runoff. The fee structure considers runoff surface to be an indicator of a
property's 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.
(2) Runoff surface. A "runoff surface" is an
impervious surface area that does not allow rain or snow melt to be directly
absorbed into the underlying ground.
a. Runoff surfaces include, but are not limited to: Rooftops,
asphalt or concrete driveways, patios, parking lots, tennis courts, swimming
Runoff surfaces do not include:
1. Wood decks located above a pervious (dirt, grass or gravel)
surface area; or
2. Gravel/rock areas such as: rocked landscaped areas, or
driveways or parking lots not required to be paved pursuant to code section
c. Updated runoff surface determinations shall be made through
new aerial photographs or any other means available to the Director of Water
Services. It shall be the duty of a property owner to notify the Director of
Water Services of any changes in runoff surface if the owner desires a more
frequent runoff surface determination. Runoff surface determinations shall not
be retroactive without convincing documentation confirming the date that a
runoff surface changed.
(3) Fee amount. The stormwater fee shall be $0.50 per
month for each 500 square feet ("runoff unit"), or portion of 500
square feet, 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.
a. 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 that qualify shall be granted a 50 percent stormwater fee credit.
b. Detention credit. Stormwater detention structures are
installed and maintained to reduce the peak flow of and runoff volume of
stormwater from a drainage area, thereby reducing flooding and erosion
downstream. Properties served by a privately owned, and properly maintained,
detention structure shall be granted a stormwater fee credit. The amount of the
credit shall be based on the reduction of stormwater runoff provided by the
detention structures and be calculated according to guidelines established by
the Director of Water Services. The minimum credit shall be 10 percent and the
maximum credit shall be 50 percent.
c. It shall be the duty of the property owner to apply for the
ratio credit, detention credit, or both. If a property receives both a ratio
credit and a detention credit, the ratio credit shall be applied first, and
then the detention credit shall be applied to the remaining amount. The
combined credit shall not exceed 75 percent.
(5) 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 of Water Services, shall review the
applicability or amount of the stormwater fee. Matters which shall be reviewed
a. Whether a surface is considered a runoff surface subject to
the stormwater fee;
b. Amount of runoff surface, or number of runoff units, subject
to the stormwater fee;
Bill payment responsibilities; and
Amount and applicability of stormwater fee credits.
a. Stormwater fee charges for properties with one water service
or sanitary sewer service account shall be included on the water bill in the
manner established by chapter 78 of the code of ordinances, subject to
additional provisions of this subsection.
b. For properties where the water or sewer service accounts are
inactive, or for the properties which have no water or sewer service accounts,
a bill shall be sent to the property owner. The Director of Water Services
shall determine the frequency of the billing.
c. For new residential, commercial and industrial properties an
estimated runoff surface may be established for billing purposes until such
time as the actual runoff surface can be determined. If, after the actual
runoff surface for the property has been established, it is determined that the
property was overcharged, then a credit for the amount overcharged shall be
applied to the account.
(7) No stormwater service charge shall be charged for any parcel
of land that is void of any development;
(8) Rules and regulations. The Director of Water Services
shall have power to promulgate reasonable rules, regulations, orders and
direction as may be necessary and feasible to implement the provisions of this
(9) Additional enforcement of collections. In addition to
procedures established in this section, the stormwater fee may be collected and
enforced under and pursuant to the provisions of chapters 60 and 78 of this
(10) Month or Monthly shall refer to a time period of 30 days.
Bills greater or less than 30 days shall be prorated per day based on the
Section 2. This
ordinance shall become effective May 1, 2012.
Approved as to
form and legality: