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Version: May 19, 2022 <br /> within the separated stormwater area, any outstanding debt associated with those capital <br /> projects, and the maintenance and replacement of facilities within the Program. <br /> 4. Maintenance Surcharge. A maintenance surcharge may be assessed upon the benefitted <br /> premises in addition to the surface water rates or fees. The maintenance surcharge is intended <br /> to equitably recover the maintenance costs associated with the regional stormwater facility. The <br /> maintenance surcharge will be calculated by multiplying the total maintenance costs for the <br /> regional stormwater facility by the percentage of total mitigation capacity of the regional <br /> stormwater facility allocated to the benefitted parcel or by other equitable methodology. The <br /> maintenance surcharge may vary for each regional stormwater facility included in the Program <br /> based on facility type and location. The maintenance surcharge for a regional stormwater facility <br /> shall be established by ordinance of the City Council. <br /> 5. Calculation; Mitigation Capacity; Payment; Return. <br /> a. The amount of surface area requiring stormwater mitigation will be calculated based upon <br /> the proposed project as approved with a city public works permit. <br /> b. An applicant cannot pay for or reserve mitigation capacity for future mitigation needs. <br /> c. Available capacity in a regional stormwater facility shall be allocated on a first-come, first <br /> served basis based on date of a completed public works permit application or date of <br /> approval of the Program application, whichever date is later. <br /> d. Each RSFSD Charge shall be paid to the city at the time of public works permit issuance. <br /> Payment of the RSFSD Charge does not exempt property from stormwater and surface <br /> water rates. <br /> e. If for any reason within 12 months after approval of the Program application (1)the <br /> applicant does not pay the RSFSD Charge or(2) a public works permit is not issued for <br /> the proposed project as approved under the Program application, then the approval of <br /> the Program application will be deemed to lapse upon expiration of such 12 months and <br /> the mitigation capacity allocated under the lapsed Program application approval will be <br /> released for allocation to others. <br /> f. If a project is not constructed as approved under the Program application within one year <br /> after issuance of the public works permit, the city may require that mitigation capacity be <br /> 9 <br />