Purpose
An appeals process is available to parcel owners within SEMSWA
for “potentially improperly calculated fees” as
described in SEMSWA Resolution No. 13, series of 2007 (Factual
Dispute Resolution Process). The process allows for fee modifications
in order to provide fair and equitable fees to customers in
line with the objective of charging each customer for the
demand their parcel, or contiguous group of parcels, places
on SEMSWA’s stormwater system.
This memorandum is guidance for implementing corrections
in the delineation of impervious areas and parcel boundaries.
Impervious area within each parcel was identified using April
2006 aerial photography from Arapahoe County and parcel boundary
information available from the County Assessor. This information
was accurate, but has certain limitations for identifying
impervious areas, the correct location of parcel boundaries,
and the optimum method for billing multiple parcels.
Conditions
to Qualify for Fee Corrections
a) Identification of impervious
area was not in accordance with the following criteria;
i) Areas that should be identified
as impervious are:
(1) Hardened surfaces on or near the ground: Sidewalks,
private roads, private streets, parking lots, walkways,
patios, concrete slabs, runways, taxiways, aprons or
other hardened surfaces consisting of asphalt, concrete,
or other paving material.
(2) Hardened surfaces above ground: Buildings, foundations,
storage tanks, rooftops, athletic courts and tracks
ii) Areas which should not be
identified as impervious are:
(1) grass,
(2) gardens,
(3) landscaped areas (xeriscape, etc.),
(4) natural rock formations,
(5) wood decks,
(6) gravel,
(7) dirt,
(8) public right-of-way including streets and sidewalks
iii) Areas that may not be impervious
include the following materials set in porous fill such
as sand, gravel, grass, or dirt. Documentation to determine
if these surfaces should be identified as impervious or
pervious includes the submission of pictures, designs,
and specifications, by the customer and possible field
investigations by SEMSWA.
(1) bricks,
(2) pavers,
(3) wood, and
(4) stone,
iv) Additional areas which may not be impervious include
porous pavements and similar surfaces that allow water
to infiltrate. Documentation to determine if these surfaces
should be identified as impervious or pervious includes
the submission of pictures, designs, and specifications,
by the customer and possible field investigations by SEMSWA.
Process
1. Property owners are required to contact SEMSWA and request
a recalculation in accordance with the above “conditions
to qualify for fee correction” and, if necessary, provide
documentation to substantiate the request.
2. SEMSWA must issue a written document specifying any change
in fees.
3. SEMSWA will submit the approved recalculated fees to the
Arapahoe County Treasurer for billing and prior to billing
of the Douglas County parcels.
4. Fees for the current calendar year shall be considered
final and non-adjustable unless the property owner complies
with Paragraph 1 above prior to September 1st of that calendar
year.
Fee Refund and/or Reduction
1. Property owners meeting the “conditions to qualify
for fee correction” outlined above, and granted written
approval of the recalculation by SEMSWA, will be issued a
check for the difference in fees calculated in accordance
with the above paragraphs prior to December 31 of the year
the fees are due.
2. Property owners must pay their fee as they were billed
on the Arapahoe County Property Tax Statement, or if located
in Douglas County as invoiced by SEMSWA, for their parcels
which meet the “condition to qualify for fee correction”
prior to receiving payment for the difference in fees.
3. The following year’s fee will be corrected to the
revised amount if submitted by September 1.
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