Sec. 13-213. Nonresidential storm water fee adjustment and appeal process.
(a) This Section shall apply only to nonresidential property, to give credit for less impervious surface than the average for the respective category, for greater on-site detention facilities than generally required for the respective category or for situations where only a portion of the legal parcel owned by the customer is actually developed. No adjustments or appeals shall be heard for residential properties.
(b) The amount of any adjustment to the storm water utility fee for the developed portion of a nonresidential property shall be limited to no more than one-half (1/2) of the initial storm water utility fee applied to the property.
(c) A customer may request that an adjustment to the initial storm water utility fee be made by one (1) of the following methods, the method resulting in the lowest fee shall be used; either Method A or B may be applied in conjunction with Method C for the developed portion of a parcel, but Methods A and B shall not be applied cumulatively:
(1) Method A:
Monthly Fee = Regular Fee – 0.5 x Regular Fee x [(General Percent Impervious – Actual Percent Impervious) / General Percent Impervious]
(2) Method B:
Monthly Fee = Regular Fee – 0.5 x Regular Fee x [(Runoff rate per requirements – Actual Peak Runoff rate per constructed detention) / Runoff rate per requirements]
(3) Method C:
Monthly Fee = Regular Rate per acre for category x Actual acres of parcel considered developed (This Monthly Fee may also be adjusted by using Method B or Method C applied to only the Actual developed acres for the specific parcel.)
(d) A customer may request an adjustment to the initial storm water utility fee by submitting a request in writing to the Town Storm Water Engineer within thirty (30) calendar days after the initial storm water utility fee billing. The Storm Water Engineer shall process the request and issue a decision pursuant to procedures adopted by the Board of Trustees. A customer may appeal a decision of the Storm Water Engineer by filing a written appeal request with the Town Engineer within twenty (20) calendar days of the date of that decision. Within forty-five (45) calendar days following receipt of the appeal, the Town Engineer shall render a final decision on the applicable storm water utility fee. (Ord. 995 § 2, 2009)