§ 54.45 STORM WATER SERVICE CHARGE STRUCTURE AND CALCULATION.
   (A)   The storm water service charge shall be assessed to each property owner owning land situated within the district that contributes directly or indirectly to the storm water system of the town, in the amount specified in § 54.46, below.
   (B)   The storm water service charge is designed to recover the cost of rendering storm water service to the users of the storm water system. This storm water service charge is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for services.
   (C)   Impervious area. For any such property, lot, parcel of land, building or premises which contribute directly or indirectly to the storm water system, such charge shall be based upon the quantity of impervious area situated thereon as shown on the records of the Huntington County Assessor. Impervious area of public rights-of-way and railroad lines (which shall not be deemed to include adjacent property, such as a railyard, operated by a railroad), will not be included in the determination of a storm water service charge. In addition, the Department may establish policies and procedures to make determinations whether commonly-owned, adjoining properties with separate plat or legal descriptions should be treated as a single parcel of land for purposes of calculating and assessing the storm water service charges.
   (D)   Land alterations. The issuance of any building permit or other action which results in a land alteration of a property other than residential properties, or a property that currently only contains residential properties but will be no longer used for such purpose, shall be cause for an adjustment of the storm water service charge determined under this chapter. The property owner shall have the obligation of informing the Department of any such changes.
   (E)   Exceptions/exemptions. Agricultural properties with an impervious area under State Land Use Code 100-199, with the exception of those properties that qualify as residential properties, shall be exempt from the assessment of storm water service charges. Except for public rights-of-ways and railroad lines, and agricultural properties, there shall be no exceptions or exemptions from the assignment of gross storm water ERUs for any property with impervious area.
(Ord. 2018-5, passed 5-29-2018)