NOTICE OF CITY OF BECKLEY ORDINANCE
Notice is hereby given that on April 26, 2022, the Common Council of the City of Beckley (the “City”), after public hearing and public notice thereof, adopted an ordinance titled “An Ordinance Amending Article V, Sections 9-602, 9-603, and 9-604 of the Code of the City of Beckley, West Virginia as the same applies to stormwater management and surface water discharge control and applicable rates and fees.” The Ordinance is effective from passage.
A copy of the Ordinance is available for public inspection at the City Hall, 409 South Kanawha Street, Beckley, West Virginia, during regular business hours.
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CITY OF BECKLEY
AN ORDINANCE AMENDING ARTICLE V, SECTIONS 9-602, 9-603, AND 9-604 OF THE CODE OF THE CITY OF BECKLEY, WEST VIRGINIA AS THE SAME APPLIES TO STORMWATER MANAGEMENT AND SURFACE WATER DISCHARGE CONTROL AND APPLICABLE RATES AND FEES.
The Common Council of the City of Beckley hereby ordains that Article V, Sections 9-602, 9-603, and 9-604 of the Code of the City of Beckley, West Virginia are amended in their entirety as follows:
Sec. 9-602. Stormwater User Fees and Service Charges
(a) Users connected to or draining into the public storm drainage system shall pay an equitable share of the actual cost of the operation, maintenance of, improvements to, and necessary additions to the stormwater system. Therefore, all owners or tenants of real property in the City of Beckley and the City watershed shall be charged for the use of the stormwater system based on the amount of stormwater and rate of flow of stormwater which is projected to discharge into the stormwater system from the property.
(b) The City Council shall, by ordinance, set user fees which will recover from users their fair share of costs for use of the stormwater system by property within and outside the corporate limits of the City of Beckley and within the City watershed. Such user fees will be for the operation and maintenance of, improvements to, necessary additions to, and environmental compliance programs for the stormwater system.
(c) The Director may establish and enforce service fees to be charged and collected for services rendered by the stormwater utility or by agents of the utility, including, but not limited to, fees for permit application, stormwater management plan review, inspection, and other services.
Sec. 9-603. Property Affected – Flat Rate Charges
(a) Except as provided in this Article and/or by regulation, all real property shall be subject to the stormwater user fee and service charges regardless of whether privately or publicly owned.
(b) The monthly fee for a user associated with a single-family residential dwelling, as defined by the Director, shall be $7.41. The user fee shall be billed to the water account holder. Properties without an active water meter shall be billed to the property owner. The City Council may, from time to time, by ordinance, change this user fee.
Sec. 9-604. Property Affected – Charges Based on Land Area
(a) The monthly user fee for properties other than described in Section 9-603 shall be computed in the following manner: $2.47 per 1,000 square feet of impervious area upon the property, as determined by the Director. The minimum monthly user fee for impervious properties shall be $7.41. The user fee shall be billed to the water account holder. Properties without an active water meter shall be billed to the property owner.
(b) User fees for a multi-unit property shall be billed to the property owner. A multi-unit property owner may request proportionate share billing of stormwater fees to individual tenants with a written billing agreement as required by the Director.
(c) The Director shall assign discount credits to those newly constructed properties employing volumetric flow reduction facilities. The Director may further assign discount credits to those existing properties employing rate of flow reduction practices.
(d) The City Council may, from time to time, by ordinance, change these user fees.
This Ordinance shall be effective upon date of final adoption.
First Reading: March 22, 2022
Second Reading and Public Hearing: April 26, 2022