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[Ord. No. 2020-189, 12-21-2020]
(a) 
The Town Council recognizes the establishment of the Town's Storm Water Utility Enterprise and confirms the operation of the Storm Water Utility Enterprise as an "Enterprise" within the meaning of Section 20 of Article X of the State Constitution.
(b) 
The Town Council recognizes that the creation and establishment of the Town's Storm Water Utility serves the purpose of providing storm water facilities for drainage and control of flood and surface waters within the Town, including areas to be subdivided and developed, and is necessary in order that storm and surface waters may be properly drained, treated and controlled to protect the health, safety and welfare of the Town and its inhabitants.
(c) 
The Town Council designates itself as the governing body of the Storm Water Utility and shall exercise the Town's legal authority relating to the Storm Water Utility Enterprise, but shall not levy a tax.
(d) 
The Town Council directs that funds of the Storm Water Utility Enterprise and funds of the Town may be commingled for purposes of investment so long as accurate records are kept of the amount of such funds allocable to the Enterprise and to the Town.
(e) 
The Town Council ratifies, approves and confirms all action not inconsistent with the provisions of this Section heretofore taken by Town Council or by the officers and employees of the Town directed toward the operation of the Storm Water Utility Enterprise as an "Enterprise" under Section 20 of Article X of the State Constitution.
[Ord. No. 2020-189, 12-21-2020]
BEST MANAGEMENT PRACTICES (BMPs)
Means methods that have been determined to be the most effective, practical means of preventing or reducing pollution from storm water runoff. These include schedules of activities, prohibitions of practices, maintenance procedures and other management practices. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or water disposal or drainage from raw material storage.
DETENTION
Means the collection and temporary storage of storm water in such a manner as to provide treatment through physical, chemical or biological processes, with subsequent gradual release of the storm water.
DEVELOPED LAND
Means land on which any part of its surface has been modified by the works of humans in such a way that the land's natural ability to absorb and hold precipitation has been reduced.
DRAINAGE BASIN
Means the watershed area contributing storm water to the storm water system.
EQUIVALENT RESIDENTIAL UNIT (ERU)
Means the average impervious area of a residential lot.
IMPERVIOUS SURFACE
Means a surface that has been compacted or covered so that it is highly resistant to infiltration by water.
RETENTION
Means the prevention of, or to prevent the discharge of, a given volume of storm water runoff into surface waters by permanent storage.
STORM WATER
Means the flow of surface water that results from and occurs following a precipitation event or irrigation return flow.
STORM WATER MANAGEMENT
Means all activities related to the administration, planning, master planning, financing, construction, operation and maintenance of the storm water system.
STORM WATER MANAGEMENT PLAN or PLAN
Means a plan for receiving, handling and transporting storm water within the Town storm water system.
STORM WATER SYSTEM
Means all natural and manmade elements, facilities, structures, equipment and land that are used for or incidental to the conveyance, control, treatment or disposition of storm water.
STORM WATER SYSTEM DEVELOPMENT CHARGES or STORM WATER DEVELOPMENT CHARGES
Means charges that are a one-time payment that fund the expansion of public facilities needed to accommodate new development. The intent is for new development to pay for its proportional share of the capital costs for additional infrastructure capacity.
STORM WATER UTILITY
Shall be operated as an enterprise following the accepted principles and procedures established by the Governmental Accounting Standards Board as a publicly held "Enterprise Fund."
SURFACE WATERS
Means water naturally open to the atmosphere (rivers, lakes, reservoirs, ponds, streams, impoundments, seas, etc.) and all springs, wells or other collectors directly influenced by surface water.
[Ord. No. 2020-189, 12-21-2020]
The Town Manager, or his or her designees, shall develop a Storm Water Management Plan for the Town based on sound engineering studies that indicate the location of all facilities in the Town, including those facilities that currently exist and those determined to be needed and that are intended to be constructed in the future. The Town Council may adopt the Plan by resolution. All substantial modifications or amendments shall also be made by resolution of the Town Council. The Plan shall guide the Storm Water Utility in the construction, operation and maintenance of the storm water system. The Town shall, in all ways and within the limits of its powers, solicit adjacent municipalities and counties to cooperate in providing storm water facilities in drainage basins, or parts thereof, extending outside the Town limits and in general to carry out the Plan. Maps showing all drainage basins and proposed facilities may be furnished to the Larimer and Weld County Commissioners for their use in this matter as such maps are requested and become available and updated.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Revenues. The Storm Water Utility must receive sufficient revenue to ensure proper operation and maintenance, development and perpetuation of the system and maintenance of the utility's financial integrity. Operation and maintenance expenses include the annual cost of salaries and wages, employee fringe benefits, power, other purchased utilities, repair materials and supplies, smaller items of equipment that do not extend the useful life of major facilities and general overhead. These costs represent the normal everyday costs of operation that should be covered by monthly service charges. Major capital improvements are typically funded through either debt financing cash reserves from storm water management utility fees or system development charges.
(b) 
System development charges. As each parcel of land is developed or redeveloped and approved as to final plat, each gross acre of such filing shall be assessed a system development charge in the amount set forth by resolution of the Town Council in the Town Fee Schedule. These charges fund the expansion of public facilities needed to accommodate new growth.
(c) 
Storm water management utility fee. There is hereby imposed on every property within the Town and upon the owners thereof a storm water management fee in the amount set forth by resolution of the Town Council in the Town Fee Schedule. Each single-family residential lot shall be equivalent to one (1) ERU. A schedule of ERUs applicable properties other than single-family residential properties shall be set by resolution of the Town Council in the Town Fee Schedule. This fee is to pay for the operation, maintenance and minor capital expenses associated with replacement and improvement of the Town storm water facilities and of such future storm water facilities as may be required and to pay for the design, right-of-way acquisition and construction or reconstruction of storm water facilities to the extent that such costs have been determined to be the responsibility of developed properties. The proceeds of this fee are deemed to be in payment for use of the Town's storm water system by the real property on which the fee is imposed and by the owners thereof.
[Ord. No. 2020-189, 12-21-2020]
The following land uses are exempt from storm water management utility fees:
(1) 
Public park land;
(2) 
Public or private ponds, lakes, reservoirs, rivers, creeks, natural water courses, wetlands or irrigation ditch/canal rights-of-way;
(3) 
Public streets, highways, rights-of-way and alleys;
(4) 
Railroad rights-of-way except railroad property not utilized for railroad purposes;
(5) 
Cemeteries; and
(6) 
Lands actively used for agriculture and larger than two (2) acres in size.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Petition. A person who disputes the amount of a storm water management utility fee may petition for a hearing. The petition shall be in writing, filed with the Town Clerk and contain facts in support of the position alleged therein. The petition shall be submitted under oath in writing or orally at the duly scheduled hearing. A person may only file one petition in connection with a particular dispute, except upon a showing of changed circumstances sufficient to justify the filing of an additional petition.
(b) 
Hearing. The Town Manager may hold a hearing on the petition or may designate another person as a hearing officer with authority to hold such hearing. The hearing shall be held within a reasonable time after the filing of a petition at the Town Hall or other place as designated by the hearing officer, and notice thereof and the proceedings shall otherwise be in accordance with the rules and regulations issued by the Town. The petitioner shall have the burden of proof.
(c) 
Final order. Within fourteen (14) days of a hearing, the hearing officer shall make written findings of fact and conclusions based upon all relevant information contained in the petition and presented at the hearing. The hearing officer's determination shall be considered a final order, which may, within ten (10) days of its issuance, be appealed to the Town Council.
(d) 
Appeal of the final order. An appeal to the Town Council shall be in writing and filed with the Town Clerk, setting forth the specific errors and omissions of the hearing officer in such hearing officer's final order. At the time of filing, the appellant must pay the docket fee in the amount set forth by resolution of the Town Council in the Town Fee Schedule. Written notice of the hearing shall be given to all parties concerned at least (5) days prior to the hearing. The appellant shall have burden of proof on an appeal. The Town Council shall make its final determination and affirm, modify or reverse the final order.
(e) 
Service. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this Article. Service may also be accomplished by electronic mail on the condition that the recipient acknowledges receipt of the electronic mail.
[Ord. No. 2020-189, 12-21-2020]
Prior to the final approval of the plat of any subdivision or planned unit development ("PUD") plan, the owner of the property being subdivided shall, at such owner's cost, prepare detailed plans and specifications for the construction and installation of all storm water facilities and BMPs required for such subdivision, including the facilities required to convey storm water to existing drains, detention ponds or other existing discharge points, all in conformity with the Plan adopted by the Town. The Town shall review such plans and specifications and, after the Town's acceptance of the same, the plat of the subdivision or PUD plan may be approved with respect the storm water facilities, subject to the Town being furnished with acceptable assurance that such facilities will be constructed and installed as indicated and approved.
[Ord. No. 2020-189, 12-21-2020]
Title granted to the Town for storm water structures and facilities, including but not limited to detention ponds, inlet and outlet structures and ditches, shall be by warranty deed and unencumbered fee simple title. All storm water facilities constructed, installed or provided hereunder shall, upon acceptance of the same by the Town, become the property of the Town, and the Town thereafter shall be responsible for the operation and maintenance of the same. The Town shall have exclusive authority in determining what facilities to accept, own, operate and maintain.
[Ord. No. 2020-189, 12-21-2020]
The Town shall maintain all public storm water facilities accepted by the Town located within the Town-owned land, Town rights-of-way and public easements, and may maintain additional dedicated public storm water facilities located within or adjacent to the Town. Such public facilities include, but are not limited to, open drainage ways and piped storm waters constructed expressly for use by the general public and as a part of the Town storm water facilities, bridges, roadside storm water ditches and gutters, flood control facilities, including detention and retention basins, dikes, overflow channels, pump stations and other improvements that have been designed and constructed expressly for use by the general public. Such public storm water facilities do not include facilities not accepted by the Town for maintenance.
[Ord. No. 2020-189, 12-21-2020]
Floods or drainage problems associated with storm water runoff may occasionally occur which exceed the capacity of storm sewer facilities constructed and maintained pursuant to this Article. This Article does not imply, and the Town expressly disclaims, that property liable for the charges established herein will always be free from storm water flooding or flood drainage. This Article does not purport to reduce the need or the necessity for the owner obtaining flood insurance. The establishment of a Storm Water Management Utility, its functions, maintenance of storm water drainage structures and facilities and the activities of the Storm Water Management Utility and/or its agents does not create liability of any nature or kind on the part of the Town for damages caused by storm water except as provided, if at all, by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.