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AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 43 OF THE DULUTH CITY CODE, 1959, AS AMENDED, AUTHORIZE CREDITS AGAINST STORMWATER UTILITY FEES FOR STORMWATER REDUCTION MEASURES, AMENDING SECTIONS 43-65 AND 43-67 AND ADDING NEW SECTIONS 43-67.1, 43-67.2 AND 43-67.3.
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That section 43-65 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 43-65. Definitions.
For the purpose of this Article, the following words and phrases shall have the meanings given them in this Section:
Applicant. The person or entity responsible, as set forth in Section 43-66(f), for paying stormwater fees on subject property and who applies, as provided in Section 43-66.3 below, for credit against the payment of those fees on that property in accordance with Section 43-66.1 or 43-66.2 below
Best management practices or BMP's. Practices to prevent or reduce the pollution of the waters of the state, including schedules of activities, prohibitions of practices, and other management practice, and also includes treatment requirements, operating procedures, and practices to control plant site runoff or drainage from raw material storage. In determining whether proposed practices constitute best management practices, practical factors and considerations related to the property affected and financial feasibility of the property and use thereof to support the cost thereof shall be considerations.
Budget. The budget of the stormwater utility. The budget shall include yearly operating and maintenance costs, capital costs, debt service and amounts necessary to meet unanticipated costs.
Capital costs. Costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including but not limited to:
(a) Acquisition of all property, real or personal and all interests in connection therewith, including all rights-of-way and easements therefor;
(b) Phy...
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