Excerpt from City of Charlottesville’s Stormwater Utility Ordinance:
Sec. 10-102. Definitions
Impervious area means area covered by hard surfaces such as structures, paving, compacted gravel, concrete, or other man-made features that prevent, restrict, or impede the downward passage of stormwater into the underlying soil.
Sec. 10-108. Petitions for adjustments.
a) Any property owner may request an adjustment of the Stormwater Utility Fee by submitting a request in writing to the Director within 30 days after the date the bill is mailed or issued to the property owner. Grounds for adjustment of the Stormwater Utility Fee are limited to the following:
(1) An error was made regarding the square footage of the impervious area of the property;
(2) The property is exempt under the provisions of Sec. 10-103(d) above;
(3) There is a mathematical error in calculating the Stormwater Utility Fee;
(4)The identification of the property owner invoiced is in error; or,
(5) An approved credit was incorrectly applied.
(b) The property owner shall complete a Stormwater Utility Fee Adjustment application form available on the City’s website or supplied by the Director.
(c) If the application alleges an error in the amount of the impervious area, a plan view of the property’s impervious area will be provided by the City with labeled dimensions of all impervious areas within the property boundaries, including buildings, patios, driveways, walkways, parking areas, compacted gravel areas, and any other separate impervious structures identified in the City’s impervious area database.
(d) If the applicant is not satisfied with this assessment, the applicant may:
(1)Request a meeting with the Director; and/or,
(2) Submit an appeal with a revised plan signed and sealed by a Professional Engineer or Professional Land Surveyor licensed in the Commonwealth of Virginia attesting to the accuracy of the impervious area measurements.
(e) The requirement for a plan view of the property’s impervious area required in subsection (c) above may be waived by the Director, if at the sole discretion of the Director the error is obvious and is the result of a technical error or oversight by the City. In such case, the City shall be responsible for recalculating the impervious area of the property.
(f) The Director shall make a determination within 45 days of receipt of a complete submittal for the request for adjustment. In the event that the Director finds that the appeal is deficient or incomplete, the Director shall offer the owner 60 days to supply the missing information. The 45 day time for a decision will begin at such time as the requested information is provided. If the information requested is not provided to the Director within 60 days of the original request, the petition will be deemed withdrawn.
(g) The Director’s decision on a Stormwater Utility Fee adjustment petition is a final decision from which an aggrieved party may appeal to the Circuit Court for the City of Charlottesville.