Title
Amend Stormwater Ordinance
Action
Action:
Amend Chapter 18 of the Stormwater Ordinance to exempt the City from paying a stormwater fee for public street rights-of-way.
Body
Committee Chair:
Greg Phipps
Staff Resource(s):
Kim Eagle, Management & Financial Services
Jennifer Smith, Engineering & Property Management
Explanation
§ The City Ordinance exempts certain categories of property from paying a stormwater fee.
§ Although state roads have been exempt from paying a fee since the program began, the City’s public street rights-of-way were not exempt.
§ Early in the program, the City’s General Fund paid a contribution to the program in lieu of paying a fee specifically based on City street impervious area.
§ The General Fund contribution rose proportionately with the percentage of annual fee increases, but did not rise to reflect increases in impervious area.
§ In Fiscal Year 2007, the City Council capped future contributions from the City’s General Fund to the Storm Water Enterprise Fund at the Fiscal Year 2006 level of approximately $5.7 million.
§ The City’s General Fund often invests in stormwater system improvements through neighborhood and transportation improvement and transit projects.
§ It is uncommon for large NC cities to pay a stormwater fee based on impervious surface for public street rights-of-way. Raleigh, Durham, and Winston-Salem do not pay stormwater fees for city-maintained streets.
§ The six surrounding towns in Mecklenburg County do not pay municipal stormwater fees to themselves for their own town-maintained streets.
§ Charlotte and all six towns do pay County stormwater fees based on impervious surface for their public street rights-of-way.
§ The amendment would allow an exemption for public rights-of-way within the City, and result in the Ordinance being consistent with the current collection practice for stormwater fees.
§ The ordinance change will not affect the payment amount from the General Fund to Storm Water Enterprise Fund, which is $5.7 million in Fiscal Year 2016.
§ On May 11, 2015, a public hearing was held on the Stormwater Ordinance. There were no comments.
Budget Committee Discussion
§ On September 28, 2015, the Budget Committee (Committee) voted unanimously (Phipps, Driggs, Lyles, and Mayfield; Kinsey was not present) to amend the Stormwater Ordinance.
§ Additionally, the Committee requested that the Council review the City contribution during the budget process.
Background
§ Under North Carolina law for public enterprises, cities are authorized to set and collect fees to fund storm drainage maintenance and replacement, and to comply with Federal Clean Water Act requirements.
§ Together, the City and Mecklenburg County established a combined stormwater utility in January 1993 and began assessing fees to most public and private property.
Attachments
Attachment
Amended Stormwater Ordinance