(1) Imposed. Each developed parcel of real property in the City shall be assessed a monthly storm water utility fee. The purpose of the storm water utility fee is to recover the cost of providing services and facilities to properly control storm water runoff quantity and quality. The most important factor in the City’s present cost of providing storm water management services and facilities to individual properties is the amount of impervious coverage on those properties which causes increases in the total volume, peak rate, and quality of storm water runoff.

(2) Fee Per Equivalent Service Unit (ESU). The fee shall be based on the number of equivalent service units contained in the parcel. The amount charged for an ESU shall be determined by the Municipal Council and listed on the Consolidated Fee Schedule of the Provo City Code.

(3) Calculation. Each parcel containing one (1) single-family residential unit shall be assigned one (1) ESU. All properties that are not defined as single-family residential units shall be assigned an ESU value based on the number of equivalent services units calculated to exist.

(4) Disputes. Any person or entity believing that calculations for assigning ESUs were performed erroneously may express such belief to the administrator of the storm water utility. Such expression shall be submitted in writing and shall include a survey prepared by a registered land surveyor or professional engineer showing the total property area of the parcel, the impervious surface area of the parcel, and other features or conditions which may influence the hydrologic response of the property. The administrator of the storm water utility or the administrator’s designee shall work with the person or entity toward resolving the issue. If resolve cannot be reached with the administrator of the storm water utility or the administrator’s designee, an appeal may be taken to the Public Works Director. The appeal shall be in writing and shall be made within ten (10) days of the storm water utility administrator’s adverse decision. The Director may decide to hold a hearing for the appeal. The Director shall decide the appeal within ten (10) days of the receipt of the appeal. If the person or entity is not satisfied with the decision of the Public Works Director, a further appeal may be taken to the Municipal Council. The decision of the Municipal Council shall be final and binding on all parties.

(5) Reassessment. If a parcel significantly increases or decreases its impervious surface area, or as warranted by a dispute resolution, the storm water utility shall recalculate the impervious surface area, reassign the ESUs, and adjust the storm water utility fee accordingly.