§ 46A-10B-22 Imposition of stormwater utility fee--Purpose, amount and separate components of fee.

SD Codified L § 46A-10B-22 (2019) (N/A)
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46A-10B-22. Imposition of stormwater utility fee--Purpose, amount and separate components of fee. The governing body may impose on each parcel of land or developed lot within the district a stormwater utility fee. This fee is intended to pay for the planning, operation, maintenance, administration, and routine functions of the existing stormwater facilities within the district and the planning, operation, maintenance, and administration of future stormwater facilities that may be established within the district and to pay for the design, right-of-way acquisition, and construction or reconstruction of stormwater facilities and to capitalize a revolving loan fund to be used for authorized functions of the district. The stormwater utility fee may be separated into a revolving loan component, a capital improvements component, and an operation and maintenance component and shall be based upon the area of each lot or parcel of land, the runoff characteristics of the lot or parcel, and the basin in which the lot or parcel is located. The governing body shall determine the rates that apply to each specific lot or parcel of land within the guidelines established by ordinance pursuant to § 46A-10B-20. For any residential lot or parcel of real property within the district, the capital improvements component of the stormwater utility fee may be no less than fifty cents per month and no more than two dollars per month, and the operation and maintenance component of the stormwater utility fee may be no more than one dollar per month. The revolving loan component may be collected in advance for planning purposes over the entire district. However, the fee imposed pursuant to this section on any residential lot or parcel of real property may not exceed three dollars per month.

Source: SL 1989, ch 388, § 28; SL 1990, ch 364, § 3; SL 1991, ch 375, § 7; SL 1992, ch 320, § 1.