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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 754
AN ORDINANCE AMENDING THE CITY OF OWASSO CODE OF
ORDINANCES BY CREATING PART 18, ESTABLISING A PROGRAM FOR
STORMWATER MANAGEMENT, CREATING A STORMWATER SYSTEM
SERVICE CHARGE, PROVIDING FOR A STORMWATER MANAGEMENT
FUND, PROVIDING FOR THE ESTABISHMENT OF A STORMWATER FEE
SCHEDULE, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREIWITH, AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, TO-WIT:
Section One: That Part 18, Stormwater Management of the Code of Ordinances of the City
of Owasso, Oklahoma, is hereby established by adopting the following provisions, same being
codified as set forth below:
Chapter 1.
Definitions
Chapter 2.
Stormwater Management Program
18-201 Findings of Fact
18-202 Purpose
Chapter 3
Stormwater System Service Charge
18-301 Introductions and exemptions
18-302 Rate Structure
18-303 Adjustment of Service Charge
18-304 Collection
Chapter 4
Stormwater Management Fund
Chapter 5
Stormwater Fee Schedule
CHAPTER 1
DEFINITIONS
SECTION 18-101 DEFINITIONS
For the purposes of this Section, the following terms shall have the meanings respectively
ascribed to them herein:
1. "City" shall mean the City of Owasso, Oklahoma.
2. "Detention facilities" shall mean facilities designed to hold stormwater for a short
period and then to release it to the natural watercourse.
3. "Developed real estate" shall mean real property altered from its natural state by the
addition to or construction of any impervious surface such that the hydrology of the property is
affected.
4. "Director" shall mean the Public Works Director of the City of Owasso, Oklahoma or
his/her authorized representative.
5. "Equivalent service unit (ESU)" shall mean three thousand (3,000) square feet of
impervious surface.
6. "Impervious surface" shall mean any hard surfaced area which prevents or retards the
entry of water into the soil in the manner and to the extent that such water entered the soil under
natural conditions, causing water to run off the surface in greater quantities or at an increased
rate of flow than was present under natural conditions, such as but not limited to rooftops,
asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, storage
areas, and gravel, oiled macadam or other surfaces which similarly affect the natural infiltration
or run-off patterns of real property in its natural state.
7. "Drainage Basin Plan" shall mean the plan adopted by the City for managing surface
and stormwater facilities and features within an individual drainage basin.
8. "Service charge" shall mean the fee levied within the boundaries of the City for the
use of the City of Owasso stormwater drainage facilities.
9. Undeveloped real estate shall mean real estate unaltered by the construction or
addition of any impervious surface which would change the hydrology of the property from its
natural state.
10. "Retension Facilities" shall mean facilities designed to hold stormwater for a
sufficient length of time to provide for it to be consumed by evaporation, infiltration into the soil
or other natural means.
11. "Residential Property" shall mean any property desigened and used principally for
residential single-family or duplex purposes and developed according to and meeting the bulk
and area requirements for residential single-family or duplex zoned property as set forth in the
Owasso Zoning Code at the time of development of such property.
CHAPTER 2
STORMWATER MANAGEMENT PROGRAM
SECTION 18-201 FINDINGS OF FACT
The City of Owasso, Oklahoma makes the following findings of fact:
1. In 1990 the U.S. Environmental Protection Agency (EPA) promulgated regulations
for establishing water quality based municipal stormwater programs to address stormwater
runoff from municipal separation storm sewer system (MS4s);
2. These retulsations ere incorporated into existing wastewater treatment permits
under National Pollutant Discharge Elimination System (NPDES) rules. Urban runoff from
storm events became regulated under the NPDES permitting requirements.
3. On December 8, 1999, EPA published final "Phase II" regulations and state
regulatory agencies (which inclues the Oklahoma Department of Environmental Quality
ODEQ)) were required to determine cities under 100,000 population and designte small MS4s
that require permitting. the small MS4s are defined as those townswith at lease 10,000
population and a minimus density of 1,000 per square mile.
4. The City of Owasso has been notified that the city meets the conditions to be
designated as a regulated small MS4.
5. Both the EPA and Oklahoma regulations require that the six minimum control
measures (MCMs) be addressed in implementing a successful Phase II Stormwater Management
Program. Each Minimum Control Measure has a number of Best Management Practices (BMPs)
that constitute the core activities pertaining to each.
6. A Stormwater Management Program document (SWMP) specifies for each MCM
what activities will be performed, measurable goals, implementation schedules and estimated
annual costs.
7. An Annual Report is to be submitted to the ODEQ that documents implementation
and BMP effectiveness under each of six MCMs, which are:
Public Education and Outreach
Public Participataion and involvement
Illicit Discharge Detection and Elimination
Construction Site Stormwater Runoff Control
Post Construction Management in New Devemopment and re-development
Pollution Prevention and Good Housekeeping
8. A comprehensive approach to managing stormwater runoff and floodplain
management is required to address existing and future needs.
9. The existing stormwater drainage facilities of the City of Owasso require
continunuous operation, maintenance, renewal and replacement.
10. Drainage conditions may be created by the cumulative effect of increase in
imprevious areas due to subdivision, commercial and institutional construction
11. While the City does not own all drainage facilites within its jurisdiction, it does
own or control a sufficiently comprehensive system in each of the major drainage basins so as
to make a unified approach to stormwater drainage issued a desirable and administratively
achievable goal.
SECTION 18-202 PURPOSE
It is the purpose of this ordinance is to improve the promotion of public heatlh, safety, and
welfare by providing for, acquiring, constructing, operating, equipping and maintaining within
the City of Owasso a Stormwater Management Program and to provide a source of funding for
the program. The Stormwater Management Program is intended to:
1. Protect human life, health, and property;
2. Minimize public and private storm and flood looses from stormwater runoff in the
City;
3. Provide for develoment of a Stormwater Master Plan which will define the existing
and guture drainage system, identify drainage facilities improvements and project long-range
capital improvements requirements;
4. Comply with the Phase II Stormwater Management regulations of the U.S.
Environmental Proection Agency/Oklahoma Department of Environmental Quality and the
National Pollutant Discharge Elimination System;
CHAPTER 3
STORMWATER SYSTEM SERVICE CHARGE
SECTION 18-301 INTRODUCTIONS AND EXEMPTIONS
There is hereby established a Service Charge for the use of the City of Owasso
Stormwater System at rates hereinafter established; provided, however, that the Stormwater
System Service Charge shall not be imposed on the following types of property:
1. City-owned highways, streets, rights-of-way, parks and open space, and leased uses
on city-owned properties;
2. Privately-owned residential streets and right-of-way, other than driveway; parks
and open space;
3. Public schools;
4. Railroad rights-of-way;
5. Undeveloped parcels of agricultural use consisting of five (5) or more acres and
containing no habitable structures.
SECTION 18-302 RATE STRUCTURE
The monthly Stormwater System Service Charge for all tracts with impervious area is
determines as follows:
1. Single family, residentially used property within the corporate limits of the City is
hereby assigned one Equivalent Service Unit for each developed lot, tract, or parcel of record
with the County Clerk. For purposes of this section, agricultural property which inclues a
single habitable structure shall be considered residential property, and agricultural proerty
which inclues more than one habitable structure shall be assigned one Equivalent Service Unit
for each structure, Provided further, in case of duplex through quadplex developments with
two (2) ore more dwelling units on the same lot, tract or parcel, one Equivalent Service Unit
shall be applied to each dwelling unit.
2. The imprevious surface of all other lots, tracts, or parcels of developed real estate
within the corporate limits of the City shall be measured to deterine the Equivalent Service
Units to be assigned to such lots, tracts or parcels. The developer shall calculate and report
the proposed impervious area to the Direct for each new development. The current
Stormwater System Service Charge will be applied to each Equivalent Service Unit or portion
thereof.
3. The rates established herein shall become effective on July 1, 2003 for all areas
within the City on that date. for areas annexed thereafter, the rates shall become operative
within thirty (30) days following annexation by the City Council.
SECTION 18-303 ADJUSTMENT OF SERVICE CHARGE
If any person considers the Stormwater System Service Charges to be inaccurate or
erroneous, the owner of the parcel may request a review of the charges by the Director within
thirty (30) days of the bill or statemement in question. The Director shall respond to the request
within fifteen (15) days. the property owner shall have ten (10) days to challenge the decision
of the Director to the City Manager. all request must be in written form and no notice of
review shall delay payment by the due date. The Director or the City Manager may adjust a
Stormwater System Service Charge and this action shall be accounted for on the next billingcycle.
SECTION 18-304 COLLECTION
1. the Service Charges herein established for se of the City of Owasso Stormwater
System shall be billed to each user monthly, along with any bill for water, sanitary sewer,
solid waste collection, or other utility services provided by the City, and such penalties as are
now or may hereafter be stablished for the City of owasso Utility service bills. All collecting
agencies autorized by the city to accept payment of any City utility bills are hereby directed
to advise customers of the provisions of this section.
2. In the event that any utility account shall become delinquent, water services or any
other City utility service may be terminated until all delinquent charges shall have been paid in
full. The provisions for collection provided herein shall be cumulative to any rights or
remedies, which the City may have under the laws of the State of Oklahoma.
3. In the case of users of real estate who are not billed for water, sanitary sewer or
collection of solid waste by the City, the owner of the real estate or agent of the owner shall be
billed monthly for the Stormwater System Service Charges herein established.
4. The City may enter into contracts with other public, quasi-public or private utility
companies for the cooperative collection of any or all of the City of Owasso Service Charges.
5. All of the proceeds of this Stormwater System Service Charge are deemed to be in
payment for use of, and in receipt of benefits from, the City Stormwater Management Program
by the real property on, and with respect to which, the charge is imposed to the owners.
CHAPTER 4
STORMWATER MANAGEMENT FUND
SECTION 18-401 FUNDS
A special fund or funds shall be maintained for the purpose of identifying and controlling
all revenues and expenses attributable to stormwater management services. All loans, grants or
funds received for the administration, operation, construction and improvement of ston'nwater
management services shall be deposited in such fund or funds. Disbursements for costs of data
collection, planning, maintaining, operating and improving drainage services and/or facilities
shall be made from the appropriate fund or funds.
CHAPTER 5
STORMWATER FEE SCHEDULE
SECTION 18-501 FEE SCHEDULE
Consistent with the requirements defined herein, the monthly stormwater system service
charge may be established by the City Council of the City of Owasso by separate resolution for
each Equivalent Service Unit assigned to a lot, tract, or parcel of real estate.
Ordinance #754 Stormwater Management Page 4
Section two: The invalidity of any provision, clause or portion of this Ordinance or the
invalidity of the application thereof to any person or circumstance shall not affect the
remainder of this Part or the validity of its application to other person or circumstances.
Section Three: The provisions of this ordinance shall become effective thirty (30) days
from the date of first bublication as provided by law.
PASSED AND APPROVED this 20th day of May, 2003.
CITY OF OWASSO, OKLAHOMA
By: Gary Cochran, Mayor
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Stephen P. Gray, City Attorney