(a) Requests for adjustment of the stormwater management utility fee shall be submitted through the Director, who shall be given authority to administer the procedures and standards and review criteria for the adjustment of fees as established herein. All requests shall be judged on the basis of the amount of impervious area on the site, or additional/enhanced stormwater facilities. No credit shall be given for the installation of facilities required by city or county development codes or state stormwater rules. The following procedures shall apply to all adjustment requests of the stormwater utility fee:
(1) Any owner who has paid his or her stormwater management utility fees and who believes the contribution rate component of his or her stormwater management utility fee to be incorrect may, subject to the limitations set forth in this chapter, submit an adjustment request to the Director.
(2) Request for adjustment of stormwater fees paid by an owner making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater management utility fee is imposed will be reviewed by the Director within a four-month period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year.
(4) The owner requesting the adjustment may, at his or her own cost, provide supplemental information to the Director including, but not limited to facts, opinions or engineering services to substantiate his or her case.
(5) Adjustments to the stormwater management utility fee will be made upon the granting of the adjustment request, in writing, by the Director. Denials of adjustment requests shall be made in writing by the Director.
(b) Upon receipt of the written denial of the adjustment request, the owner who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the Board for review of the denial.
(1) The Board shall complete its review within 60 days of receipt of said request for appeal. The Board’s determination on the appeal shall be in writing and set forth in detail the reason for its decision.
(2) In evaluating the appeal, the Board shall be bound by the standards and review criteria contained herein.
(3) All determinations of the Board arising out of this section shall be final.
