(a) Any person disagreeing with the calculation of the stormwater drainage fee, as provided in this article, or seeking a stormwater drainage fee adjustment based upon stormwater management practices, may appeal such fee determination to the Director within 30 days from the date of the last bill containing stormwater drainage fee charges. Any appeal shall be filed in writing and shall include a survey prepared by a land surveyor showing dwelling units, total property area, impervious area or nonresidential developed area, as appropriate, and a depiction of the stormwater management practices, as appropriate. The filing of an appeal with complete information shall stay the payment of the stormwater drainage fee. Any person seeking a stormwater drainage fee adjustment based upon stormwater management practices shall be current in the payment of the stormwater drainage fee. The Director may request additional information from the appealing party.

(b) Stormwater drainage fee adjustments for stormwater management practices may be considered for: reductions in stormwater release rates and provision of additional storage volume; reductions in runoff volume (including discharging to a noncity drainage system); and properly designed, constructed and maintained existing detention facilities. The maximum fee adjustment is 30 percent for sites completely retaining the 100-year storage volume and where runoff is reduced to zero. The maximum fee adjustment is 30 percent for sites completely draining to a noncity system. The maximum fee adjustment is 30 percent for sites limiting post-developed peak discharges to at or below predeveloped peak discharges for the two-year, five-year, 10-year, 25-year, 50-year and 100-year storm events; with each event receiving five percent reduction. The maximum fee adjustment is 10 percent for sites meeting the water quality level of service requirements per the City of Topeka post-construction stormwater quality policy. An additional 10 percent reduction can be obtained for sites exceeding the water quality level of service requirements by five percent or more. All fee adjustments are subject to proper maintenance and operation of the stormwater facilities as determined by the City. Each site is limited to a fee adjustment of no more than 40 percent total. Based upon the information provided by the utility and the appealing party, the Director shall make a final calculation of the stormwater drainage fee. The Director shall notify the parties, in writing, of the Director’s decision. (Ord. 20262 § 1, 10-6-20. Formerly 14.85.100.)