(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
IMPERVIOUS SURFACE. That part of a property covered by roofs of buildings or by asphalt, concrete, paving, bricks, patio stones, or other types of materials that do not allow water to penetrate directly into the ground.
RESIDENTIAL EQUIVALENCIES. Three thousand two hundred square feet of impervious surface.
STORM WATER FACILITIES. Pipes, catch basins, open ditches, roadside ditches, and related appurtenances, as well as flood control facilities such as levees, dikes, overflow channels, retention basins and groundwater recharging basins, which are designed for, used by or serve more than one parcel of land.
(B) Charge. There is hereby established a storm water utility charge upon all real estate within this village, except duly accepted public streets and property owned by the village. A storm water charge is hereby imposed as follows:
(1) Single-family residential properties containing impervious surface of 3,200 square feet or less: $1.50 per month.
(2) All properties except those described in division (A), including all multi-family, commercial or industrial properties: $1.50 per month times the number of residential equivalencies.
(C) Collection. The storm water utility charges shall be collected commencing February 1, 2012, by the Village Fiscal Officer from the owner required to pay the village water and sanitary sewer charges for the property except in the cases of multi-family properties where the tenants pay their own water and sanitary sewer charges, or properties not served by water or sanitary sewer service, in which case it shall be paid by the owner of the property as shown on the County Auditor's tax list. This utility charge shall be shown as a separate amount on all utility bills.
(D) Revenue, purpose. All revenue collected under this section shall first be used to defray the cost of the administration and collection of this utility charge. The balance shall be deposited in a separate fund known as the Storm Water Utility Fund and may be used for the planning, design, construction, maintenance, or repair of storm water facilities within this village and for no other purpose.
(E) Appeal. A person subject to a storm water utility charge under this section may appeal to the Public Utilities Commission of Council either the amount of the charge or the liability for the charge.
(F) Delinquent penalty. In the event a storm water utility charge levied under this section is not paid when due, it shall be subject to a delinquent penalty of 10%. The Village Fiscal Officer may certify the amount of the charge and penalty to the County Auditor or placement on the tax duplicate as a lien on the property served in the manner provided by the general laws of the state, or he or she may collect the amount due in any action at law from the property owner brought in the name of the village.
(G) Regulations; Village Administrator. The Village Administrator is authorized to adopt regulations not inconsistent with the provisions of this section as may be necessary to carry out the purpose and intent of this storm water utility charge system. The Village Administrator shall also cause to be computed and updated as necessary the monthly fee for all properties within the village containing impervious surface except single-family residential property.
(H) Alternative actions.
(1) The village may allow the use of alternative actions when it determines that off-site alternatives for comprehensive stormwater management would result in an improvement of water quality and a reduction of stormwater quantity. All alternative actions are required to be approved by the Village Administrator, in consultation with an engineer whose services are provided by the village, to be permissible. Alternative actions may include but are not limited to the following:
(a) Fees, in an amount specified by the village to be applied to community-wide stormwater management facilities.
(b) Implementation of off-site stormwater management facilities and/or the retrofit of an existing practice to increase quality and quantity control.
(c) Stream, floodplain, or wetland restoration.
(d) Acquisition of conservation easements on protected open space significantly contributing to stormwater control such as wetland complexes.
(2) Such alternatives, in order to be eligible for approval, must meet the following standards:
(a) Achieve the same level of stormwater quantity and quality control that would be achieved by the on-site controls required under this regulation.
(b) Implemented in the same Hydrologic Unit Code (HUC) 12 watershed unit as the proposed development project.
(c) An inspection and maintenance agreement is established to ensure operations and treatment in perpetuity.
(Ord. 2011-151, passed 12-6-2011; Ord. 15-2017, passed 2-21-2017; Ord. 32-2017, passed 6-20-2017)