§ 153.10 EXEMPTIONS AND CREDITS APPLICABLE TO STORMWATER MANAGEMENT SERVICE CHARGES.
   (A)   Statement of policy. Except as provided in this section, no public or private property shall be exempt from stormwater management service charges or receive a credit or offset against such stormwater management service charges. No exemption or reduction in stormwater management service charges shall be granted based on the age, tax or economic status, race, or religion of the customer, or other condition unrelated to the cost of providing stormwater services and facilities.
   (B)   Exemptions. No public or private property shall be exempt from stormwater management utility service charges, with the following exceptions.
      (1)   Publically dedicated roads, streets, greenways, sidewalks, and other publically dedicated rights-of-way and easements for vehicular or pedestrian traffic that are available for use by the general public for transportation purposes, shall be exempt from town stormwater management utility service charges. This exemption shall not apply to internal site roadways within public facilities.
      (2)   Railroad rights-of-way used or formerly used for trackage shall be exempt from town stormwater management utility service charges. This exemption shall not be construed to apply to railroad stations, maintenance buildings, or other developed land used for railroad purposes.
   (C)   Credits. The following credits may be allowed upon adoption of a credit application instruction manual by the Council.
      (1)   Non single-family residential parcels that provide measures to mitigate the impacts of runoff on the stormwater system may be eligible for one or more credits to the impervious area units charge portion of the stormwater management utility service charge, proportional to the extent those measures address the impacts of peak discharge and total runoff volume from the site.
      (2)   The credit application instruction manual may be approved by the Council and placed on file with the Town Clerk at which time it shall be followed in establishing applicable credits to a customer’s impervious area units charge portion of the stormwater management utility service charge.
      (3)   Each credit allowed against a customer’s impervious area units charge portion of the stormwater management utility service charge shall be conditioned on continuing compliance with the performance standards set forth in the credit application instruction manual and/or the applicable standards set out in the town’s land development ordinance existing at the time of construction of such facilities and may be rescinded for noncompliance with those standards.
      (4)   Each credit for which a customer applies shall be subject to review and approval by the Stormwater Utility Manager. The Stormwater Utility Manager may approve or reject any application for a credit in whole or in part.
(Prior Code, § 2110)