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2022-07ORDINANCE NO.2022-07 AN ORDINANCE AMENDING CHAPTER 102 (UTILITIES), ARTICLE V, SECTION 102-203 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO SET THE RATE FOR THE STORMWATER UTILITY FEE AT $28.80 PER BILLING UNIT. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 102, Article V, Section 102-203, of the Code of the City of Fairfax, Virginia is amended to read in its entirety as follows: "ARTICLE V. — STORMWATER UTILITY. Sec. 102-203. Stormwater utility established; stormwater utility fee created and imposed. (a) A stormwater utility is hereby established, and a fee is hereby imposed on: (i) all eligible, improved parcels in the city that appear on the real property assessment rolls as of January 1 of each year, and (ii) all eligible properties for which no real estate tax assessment is calculated, and any eligible Public Service Corporation (PSC) properties listed in the applicable land book held by the Commissioner of Revenue, in each case as of January Is' of each year. All stormwater utility fees and other income from the fees shall be deposited into the stormwater management enterprise fund described in section 102-206. (b) The rate per billing unit to be used for calculating the stormwater utility fee shall be reviewed annually and set by the city council as part of the annual budget process. The rate for stormwater services shall be $28.80 per BU (Billing Unit). (c) Except as otherwise provided in this article, the impervious area for a property shall be determined by the city using aerial photography, as -built drawings, final approved site plans, field surveys or other appropriate engineering and mapping analysis tools. (d) Notwithstanding subsection (a), and consistent with Code of Virginia, § 15.2-2114, the stormwater utility fee shall be waived in its entirety for the following: (1) A federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that the waiver of charges shall apply only to property covered by any such permit, (2) Public roads and street rights -of -way that are owned and maintained by state or local agencies including property rights -of -way acquired through the acquisitions process. This ordinance shall be effective as of January 1, 2022, as provided by law. INTRODUCED: April 12, 2022 PUBLIC HEARING: April 26, 2022 ENACTED: May 3, 2022 ATTEST: City Clerk + 1 S] Mayor Meyer Aye Councilmember Harmon Aye Councilmember Lim Naye Councilmember Miller Aye Councilmember Ross Aye Councilmember Stehle Aye Councilmember Yi Naye Mayor AWZ,r)� ate