18.01.060 Exemptions and Credits Applicable to Storm Water Utility Fee.
Except as provided in this Section, no property shall be exempt from storm water utility fees or receive a credit against such fees. No exemption or credit in that storm water utility fee shall be granted based on the age, tax or economic status, race, or religion of the property owner, or other conditions unrelated to the cost of providing storm water services and facilities.
(1) Exemptions. The following are exempted from being assessed a storm water utility fee:
(a) Developed lands which have no impervious area.
(b) Developed, publicly owned roadways which are available for use in common by the general public for motor vehicle transportation shall be exempted from storm water utility fees. These properties may include public road rights-of-way owned by the City, County, State, or Federal government. This exemption shall not include public lands used for offices, maintenance yards, water and wastewater treatment plants, water reservoirs and storage facilities, parking lots, park and recreation facilities, libraries, schools, colleges, universities, churches, social service centers, public housing, public hospitals or convalescent centers, and similar public properties, nor shall the exemption apply to internal site roadways or parking lots within such facilities, all of which shall be charged in a manner consistent with that applied to comparable non-publicly owned properties. This exemption shall not apply to private roads or drives, or to internal roads, drives and parking areas in privately owned properties regardless of the degree of access to those sites, roads, and drives, except in cases where the road or drives are allowed to the general public, except in cases where the road or drive is designed, constructed, and maintained in conformance with the City’s road standards and the road or drive is normally available for use in common by the general public for motor vehicle transportation.
(2) Credits.
(a) Credits to the monthly storm water utility fee shall be allowed in the following cases:
(i) Non-single-family residential units having an on-site storm water retention system capturing and infiltrating the one hundred (100) year design storm shall receive an ongoing fifty percent (50%) credit against the monthly storm water utility fee. This credit shall not apply for retention systems owned or maintained by Provo City.
(ii) Non-single-family residential units having an on-site storm water detention system capturing and infiltrating the ten (10) year design storm shall receive an ongoing twenty-five percent (25%) credit against the monthly storm water utility fee. This credit shall not apply for detention systems owned or maintained by Provo City.
(iii) All credits allowed against the storm water utility fee are conditioned on maintaining the on-site retention or detention systems in conformance with the original approved design, or modifications to the original design as approved by the City, and conformance to any applicable private utility maintenance agreement with the City. Credits may be permanently rescinded for noncompliance.
(b) Storm water utility fee credits shall not be transferred from one (1) parcel of property to another.