149-I:6-c Criteria for Stormwater Utilities. –
The stormwater utility shall address flood and erosion control, water quality management, ecological preservation, and annual pollutant load contained in stormwater discharge.
I. Utilities may collect reasonable fees that are directly related to the cost of providing services.
II. Properties charged assessments shall have equal opportunity to receive proportional benefit from the utility.
III. The utility shall offer credits or fee abatements based on on-site management of water quality impairment or peak runoff storage, or both. The utility shall adopt design standards to determine the amount of abatement.
IV. In assessing fees, the stormwater utility district shall forecast the annual cost of each component in the district's stormwater management program. This forecast shall be the basis for annual assessments distributed equally among the number of fee units within the district.
V. A minimum assessment may be established for fee units based on single family residences. This equivalent residential unit (ERU) can serve as the fee unit basis for all fees. Government property and non-profit organizations shall be subject to the fee structure.
VI. Boundaries of the district are not required to coincide with municipal boundaries.