(A) Non-residential property owners who install an approved best management practice (BMP) or green management practice (GMP), an on-site post-construction stormwater control facility, low impact development (LID) program or implement an approved education program, (hereinafter referred to as stormwater management practice) may apply for a reduction of their stormwater utility fee. Non-residential properties include multi-family dwellings of three families or greater, commercial, industrial, churches, schools and institutional facilities. The city will evaluate each case individually in determining the appropriate level of credit.
(B) The following statements define how the credits will be applied and managed by the city:
(1) Credits may be granted for newly constructed and post-construction stormwater management practices.
(2) The city using the criteria outlined in this policy will determine the amount of credit granted.
(3) This credit policy is effective upon City Council approval for projects submitting land disturbance applications.
(4) Property owners receiving stormwater credits associated with the Sanitation District Number 1 (SD1) credit program will continue to receive the same amount of credit, as previously approved by SD1 until December 31, 2014.
(5) Credit applications for existing sites or land disturbance applications submitted prior to December 31, 2014, will be reviewed within 60 days upon receipt of the application for the consideration of being granted under the city credit policy.
(6) For new developments or redevelopments, credit will be granted for stormwater control management practices that are constructed and maintained by the property owner. The new developments or redevelopments will be reviewed within 90 days upon receipt of the application for the consideration of being granted under the city credit policy.
(7) All controls or upgrades of new or existing systems through retrofitting must be constructed and maintained in accordance with Northern Kentucky Regional Storm Water Management Program Rules, Regulations; Storm Water Best Management Practices Manual - Sanitation District No. 1 of Northern Kentucky and Stormwater Management Handbook - Implementing Green Infrastructure in Northern Kentucky Communities.
(8) Credits will be determined on a case-by-case basis, as determined by the City TAC, considering the impact of the controls on the stormwater drainage system.
(9) Credit for the stormwater management practice, will remain in effect as long as:
(a) The post-construction stormwater management practice is contained within a recorded stormwater easement, drainage easement, or equivalent restrictions to future changes in use.
(b) The owner has obtained applicable permits and the stormwater management practice has been constructed in compliance with approved plans.
(c) The property owner and/or applicant remains responsible for all costs of operation and maintenance of the stormwater management practice.
(d) The stormwater management practice is properly operated and maintained. The applicant must submit for renewal every year.
(e) The city is permitted access to the stormwater management practice to inspect the facility's compliance with design, maintenance and operating standards.
(f) There are no significant changes in land use or impervious surface within the drainage area that is serviced by the stormwater management practice. If significant land use changes occur, the owner and/or applicant may be required to re-evaluate the performance of the stormwater management practice in order to continue receiving a reduction in their stormwater fee.
(10) The City Stormwater TAC will adhere to the following protocol for property owners that are approved for and accepted into the stormwater credits program:
(a) The credit policy applies to both new and existing facilities.
(b) Credits will be applied in no less than 5% increments at the discretion of the Stormwater Program TAC.
(c) Each property will be limited to a maximum of 50% total credit per property.
(d) The TAC will perform inspections on at least 20% of parcels receiving credit per year. This will allow the TAC to inspect 100% of the properties receiving credit every 5 years.
(e) The inspection applies to those properties that have submitted and received a credit from the City TAC. The city assumes no responsibility of any stormwater facility located on private property without an approved credit awarded by the City TAC. Those properties that have an approved credit are responsible for the maintenance and inspection of their facility and/or management practice.
(f) The city is not responsible for the design, construction, and maintenance of the management practices. This city will perform random inspections to confirm that the management practice continues to be eligible for the stormwater credit.
(11) The City TAC will evaluate credit for the education program on an annual basis. The applicant must submit for renewal on an annual basis.
(12) Applications, certifications, and agreements for credits shall be submitted on forms developed and provided by the city and included in the appendices of this chapter.
(13) The city reserves the right to modify or terminate the credit policy at any time.
(14) Credits provided under the credit policy shall remain in effect until such time as the city modifies or terminates the credit policy.
(15) Non-residential properties requesting an educational credit must be a public or private school and have an education program credit approved by the City TAC.
(16) A processing fee will be required for each credit application. The city has developed a schedule of fees that is available upon request from the City Clerk or the city stormwater web site. The schedule of fees is located in § 52.041.
(Ord. 14-1003, passed 5-12-14)