(A) Credit availability. Credit will be available to all properties except individual residential properties for various forms and levels of abatement, and as approved by the DSM in accordance with the Town of Cedar Lake Stormwater Service Credit Application and Appeal of ERU Calculations Instruction Manual. A copy of said Manual is adopted by reference and incorporated as if fully set forth herein.
(1) Maintenance requirements. Credit may only be allowed for lots and parcels of real property where structural controls are maintained in fully functional condition and according to maintenance criteria and design standards required by the DSM.
(2) Existing structure credits. Credit may be allowed for previously constructed abatement features or stormwater controls. The amount of credit granted will be determined by the methods of design of the structure and as approved by the DSM.
(3) Direct discharge credit. Credit may be granted on the basis of location of a given property in relation to Cedar Lake, Cedar Creek, Founder’s Creek/Hog Pen Ditch or West Creek, or any laterals to drains that are regulated by the Lake County Drainage Board, if such property directly discharges its stormwater to such drain in conformance with all maintenance criteria and design standards as applicable.
(4) Voluntary controls. Voluntary controls and/or upgrades of existing private stormwater facilities through retrofitting that exceed the town’s standard stormwater abatement design criteria may be considered for credit on a case-by-case basis considering the impact of the controls on the town’s stormwater system, as determined by the DSM.
(5) Industrial NPDES permit credits. No credit shall be allowed for industries in compliance with federal laws and regulations regarding industrial stormwater discharge permits.
(6) Pollution reduction. No credit shall be allowed for voluntary efforts to reduce the amount of pollutants in a user’s stormwater runoff or for improvements to the quality of a user’s stormwater discharge.
(7) Regional basins. Credit will not be granted to properties draining into ponds or basins maintained or owned by the town. Credit may only be considered for privately owned and maintained regional controls.
(8) (a) Percent discounted credits for private stormwater facilities. Discounts and credits shall be computed on an ERU basis. A maximum credit equal to 80% of the gross ERUs originally assigned may be granted for the construction and maintenance of private stormwater facilities considering the potential of each such facility to reduce peak and/or volume stormwater flow and direct discharge capabilities.
(b) The administrative costs involved with operation of the DSM shall be shared by all stormwater utility customer/users, including future costs incurred to meet quality-based NPDES Permit requirements which provide community-wide benefits, and thus cannot be credited. The administrative cost component of the stormwater utility user fee charges is approximately 20% of the overall DSM operation costs. Discounts and credits shall be cumulative; however, in no case shall the total amount of discounts and credits exceed 80% of the stormwater utility customer/user’s gross stormwater utility user fee. The formula for determining the applicable credit percentage for individual parcels shall be specifically set out by the DSM.
(9) Federal, state, town, county and private roadways. Streets, roads and highways shall be given 100% credit as they form an integral part of the stormwater system. The surface water control system incorporated in design of roadways are areas engineered to convey all design runoff without street flooding. Primary elements of the drainage system yield community-wide benefits and are installed to service the general public’s interests.
(10) Subdivision group credit. A subdivision group comprised of residential properties and/or vacant residential properties may be eligible for a subdivision group credit.
(11) Non-residential property credit.
(a) A credit will be available to non-residential property owners for abatement of the storm water utility user fee imposed on such parcels as set forth herein. A non-residential property owner may elect and apply for a credit or discount determination under division (B) of this section, as well as appeal any ERU determinations as permitted by § 53.07 for credit/discount/correction benefits as permitted by said aforementioned ordinance provisions. Alternatively, a credit of 20% of the eru(s) computed and applied to a non residential property shall be provided to such parcel or parcels.
(b) A non-residential property owner may elect the greater of the alternative credit, or appeal and administrative review credit, for the storm water utility user fee to be computed and charged, but not both. In the event no administrative review credit is applied for or sought, the alternative 20% credit will be applied, but in no event shall the storm water utility user fee under this alternative be less than one (1) ERU rate charge for such property.
(B) Credit procedures.
(1) Timing of applications/determinations. An application for credit shall be made on forms provided by the DSM and the Clerk-Treasurer and shall be accompanied by the appropriate application fee in the sum of $100. It is the intent of the town that all applications will be reviewed and credits and discounts determined within 45 days after submittal of a complete and correct application package. Any credit issued or approved will be effective on the first billing cycle for that property following completion of construction, or the date of the application. However, in the discretion of the DSM, and as determined by the DSM, a credit issued or approved may be applied retroactively to the first billing of service charges under this chapter.
(2) Appeals. Appeals of credit or discount determinations shall be considered and reviewed consistent with the procedures set out below for reconsideration of ERU determinations.
(3) Payment required pending appeal determination. An application for credit, or an appeal of a determination thereon, shall not constitute a valid reason for non-payment of the originally assessed stormwater service charge by the stormwater utility customer/user.
(Ord. 1002, passed 6-5-07; Am. Ord. 1278, passed 12-19-17)