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2002-t9 AN ORDINANCE TO AMEND CHAPTER 31.1 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA BY AMENDING SECTIONS 31.1-50 and 31.1- 51 (a) and (f) THEREOF, PERTAINING TO STORMWATER UTILITY FEES. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 3t.1-50 and subsections (a) and I~) of Section 31.1-51 of the Code oft he City of Portsmouttk Virginia (1988) be amended and reordained to read as follows: Sec. 31.1-50. Authority. The city is authorized by the provisions of Virginia Code title 15.2 and the Constitution of the Commonwealth of Virginia to construct, reconstruct, improve and extend the stormwater system; establish utility charges; and to issue bonds and other debts as needed to finance in whole or m part the costs of the system and to establish rents, fees and charges for the services and facilities provided by the system. Sec. 31.1-51. Stormwater utility fees. (a) The following stormwater utility fees are hereby authorized for all utility customers in the city. Rates will be based on the number of equivalent residential units (ERU). An ERU will be the equivalent of 1.877 square feet of impervious area wh/ch will include all buildings, structures and other impervious and sen'fi-pervious surfaces which contribute to stormwater runoff. The minimum monthly charge shall be equal to one ERU. The number of ERU's will be determined by the director of public works or his designee. Residential Accounts ....................... 1 ERU x $3.50 Nonresidential Accounts ..................Actual number of ERU's x $3.50 (f) Petitions for adjuslments to the stonnwmer fees for residential and nonresidential properties shall be submitted to the city manager or his designee, who shall be given the authority to administer the procedures and standards and review criteria for the adjustment of fees as established herein. Any petition submitted for adjustment to the stormwater fees for a residential or nonresidential property shall be accompanied with a site plan or other such similar scaled drawing. A petition shall also include calculations of the property's impervious and semi-pervious area. The site plan and the calculations shall both be prepared by a professional engineer or land surveyor licensed in the Commonwealth of Virginia and acceptable in format and content to the director of public works or his designee.