HomeMy WebLinkAbout141 - 10/03/2006 - AMENDING CHAPTER 26, ARTICLE VII, DIVISION 2 OF THE CITY CODE RELATING TO STORMWATER FEES ORDINANCE NO. 141, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26, ARTICLE VII, DIVISION 2
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO STORMWATER FEES
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish,
maintain and provide for the collection of such rates, fees or charges for utility services furnished
by the City as will produce revenues sufficient to pay the costs expenses and other obligations of the
such utility, as set forth therein; and
WHEREAS, Section 26-514 of the Code provides that the Director of the stormwater utility
shall determine the stormwater fee rate that shall apply to each specific lot or parcel of land based
on runoff coefficient, rate factor, base rate and square footage as set forth in this Section; and
WHEREAS,the City Manager has recommended to the City Council that the City Code be
amended to allow the Council to make adjustments to the monthly stormwater utility fees for
annexed areas, on a case by case basis, in order to mitigate the economic impacts to the annexed
properties as deemed appropriate by the Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 26-514 of the Code of the City of Fort Collins is hereby amended by placing
the existing language of that Section as subsection(a)and amending it and adding a new subsection
(b), to read as follows:
Sec. 26-514. Determination of stormwater utility fee.
(a) The stormwater utility fee shall be determined as set forth in this Section,and
shall be based upon the area of each lot or parcel of land and the runoff coefficient
of the lot or parcel. For the purposes of this Section,the total lot or parcel area shall
include both the actual square footage of the lot or parcel and the square footage of
open space and common areas allocated to such lot as provided in Paragraph(4) of
this Subsection. The stormwater utility fee shall recover the costs of both operations
and maintenance and a portion of capital improvements.The General Manager shall
determine the rates that shall apply to each specific lot or parcel of land within the
guidelines herein set forth and shall establish the utility fee in accordance with the
rate together with the other factors set forth as follows:
(1) Runoff coefficient.
a. Each lot or parcel of land shall be placed in one (1) of five(5)
specific categories hereinafter referred to as basic categories of
development, based upon the land use characteristics for the lot or
parcel. The runoff coefficient as used in the engineering formula
known as the rational method shall be used as the basis for assigning
rate factors for basic categories of development as follows:
Basic category of development Runoff coefficient
Very light 0—0.30
Light 0.31 —0.50
Moderate 0.51 —0.70
Heavy 0.71 —0.90
Very heavy 0.91 — 1.00
b. The General Manager shall determine the basic category of
development for each lot or parcel of land based on the runoff
coefficient typical for the particular land use and/or zoning for that lot
or parcel.
(2) The rate factor for each basic category of development shall be as
follows:
Basic category of development Rate factor
Very light 0.25
Light 0.40
Moderate 0.60
Heavy 0.80
Very heavy 0.95
(3) The base rate for the stormwater utility fee shall be $0.0041454 per
square foot per month for all areas of the City.
(4) The square footage of open space and common areas to be allocated
to each lot or parcel in determining the total lot or parcel area for the
monthly fee calculation in Paragraph (5) of this Subsection shall be
calculated as follows:
Residential Lot
N= number of lots platted or parcels in the subject residential
development
O= total number of square feet of open space and common areas
platted in the subject residential development
R= square footage of open space and common areas to be
allocated to each residential lot or parcel within the subject
residential development
R= ON
Commercial Lot
A = total number of square feet of commercial lot platted or
parcels in the subject commercial development
O= total number of square feet of open space and common areas
platted in the subject commercial development
L= number of square feet of area platted in the individual
commercial lot or parcel being billed ("subject commercial
lot")
C = square footage of open space and common areas to be
allocated to subject commercial lot or parcel
C = (L/A) x O
(5) The monthly stormwater utility fee for each lot or parcel of land,
except those parcels or lots falling within the exceptions set out in(6)
and (7)below, shall be based on the following formula with all area
calculations in square feet:
Monthly fee= (lot or parcel area) x (rate factor) x (base rate).
(6) Single-family residential lots or parcels larger than twelve thousand
(12,000) square feet, but not larger than one-half(%) acre, shall be
assessed on the basis of the first twelve thousand(12,000)square feet
in accordance with the formula described in (5) above, and the
remainder shall be assessed in accordance with the following
formula:
Remainder of monthly fee= (remaining area) x (rate factor) x (base
rate) x (0.25).
(7) Single-family residential or agricultural lots or parcels larger than
one-half('/z) acre shall be assessed using the methods set forth in(5)
and(6)above,except that the General Manager may assess a reduced
fee or no fee for all or any portion of the lot or parcel in excess of
one-half(%z) acre if the General Manager determines that such fee
reduction is warranted by the land use characteristics and runoff
characteristics of the remainder of the lot or parcel.
(b) In the event that the City Council has determined at the time of annexation
of a lot or parcel of land that the temporary reduction of the stormwater utility fee is
justified in order to mitigate the economic impacts to the annexed properties in light
of the relevant circumstances, the stormwater utility fee applicable to said lot or
parcel may be temporarily reduced by the City Council pursuant to a schedule set
forth in the ordinance annexing said parcel or lot.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2006, and to be presented for final passage on th d day of October, A.D. 2006.
Mayor
ATTEST:
h��k I <ZqA "A A
City Clerk
Passed and adopted on final reading on the 3rd day of O ber, A.D. 2006.
Mayor
ATTEST:
City Clerk �—