Legal Documents of Maryville

Except as provided in this section, no public or private property shall be exempt from stormwater utility service charges or receive a credit or offset against such service charges. No exemption, credit, offset, or other reduction in stormwater service charges shall be granted based on the age, tax, or economic status, race, or religion of the customer, or other condition unrelated to the stormwater utility's cost of providing stormwater services and facilities.

1. The following exemptions from stormwater service charges shall be allowed:
   
   
   
   1. Undeveloped land, as defined this chapter, shall be exempt from stormwater charges;
   2. Railroad tracks shall be exempt from stormwater service charges. However, railroad stations, maintenance buildings, or other developed land uses for railroad purposes shall not be exempt from stormwater charges; and
   3. Improved public road rights-of-way of federal, state, or local governments that are available for vehicular transportation by the general public are exempt from stormwater service charges. Platted private roads and platted private rights-of-way are further exempt from stormwater charges.
2. Stormwater service charge credits shall be allowed for the following activities/occurrences shall be effective when initiated at the discretion of the City of Maryville and in accordance with a credit manual described subsequently:
   
   
   
   1. Other developed lands that have, and maintain in proper working order, on-site stormwater detention and retention systems that reduce the peak rate of stormwater discharge.
   2. Detached dwelling units whose total impervious surface area is less than one thousand, eight hundred (1,800) square feet.
   3. Schools that teach approved water conservation curricula. This credit will be allowed at such time as the City of Maryville's NPDES Phase II permitted program is in place.
   4. Other developed lands that have, and maintain in proper working order, on-site stormwater best management practices that reduce the impact of stormwater runoff on water quality in accordance with water quality standards set forth by the City of Maryville. This credit will be allowed at such time as City of Maryville's NPDES Phase II permitted program is in place.
   5. Other developed lands that have, and maintain, a Tennessee Multi-Sector General Permit for industrial activities. This credit will be allowed at such time as the City of Maryville's NPDES Phase II permitted program is in place.
3. A stormwater service charge credit manual shall be prepared by the City of Maryville Department of Engineering, Planning and Codes specifying the design and performance standards of on-site systems, facilities, activities, and services which qualify for application of a service charge credit, and how such credits shall be calculated.
4. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater service charge credit manual. The stormwater service charge credit may be up to fifty percent (50%) of the service charge applicable to a property, and shall be proportional to the extent that on-site systems, facilities, services, and activities provided, operated, and maintained by the property owner reduce or mitigate the stormwater utility's cost of providing services and facilities.
5. Groups of detached dwelling units represented by a homeowner's association providing on-site systems or facilities that reduce or mitigate the stormwater utility's cost of providing stormwater management services and facilities may receive a stormwater service charge credit. The stormwater service charge credit shall be determined based on the technical requirements and standards contained in the stormwater service charge credit manual. The stormwater service charge credit available to groups of detached dwelling units may be up to fifty percent (50%) of the service charge applicable to the individual properties, and shall be proportional to the extent that on-site systems and facilities provided, operated, and maintained by the homeowner's association reduce or mitigate the stormwater utility's cost of providing services and facilities.
6. Any credit allowed against the stormwater service charge is conditioned on continuing compliance with the city's design and performance standards as stated in the stormwater service charge credit manual and/or upon continuing provision of the systems, facilities, services, and activities provided, operated, and maintained by the property owner or owners upon which the credit is based. A credit may be revoked by the city at any time for noncompliance. Thirty (30) days notice of a noncomplying condition and intent to revoke a stormwater service charge credit shall be provided to the stormwater service charge customer receiving a credit before the credit is revoked, thereby allowing the customer the opportunity to attain compliance. (1999 Code, § 19-507)