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A storm water user fee shall be imposed on each and every tax parcel of real estate within the corporate boundaries of the city which directly or indirectly contributes to the storm water system of the city, which charge shall be assessed against the owner thereof, who shall be considered the user for purposes of this subchapter. This charge is hereby deemed to be reasonable and necessary to pay for the regulation, planning, operation, maintenance, repair, replacement, and improvement of the existing and future city storm water system.
(Ord. 5012, passed 2-5-2007)
Unless otherwise defined in this subchapter, the terms and phrases shall be defined as follows:
ADVISORY BOARD. The Advisory Board for the Greater Elkhart County MS4 as established under the Interlocal Agreement dated July 27, 2005, between the County of Elkhart, City of Elkhart, City of Goshen, and Town of Bristol for the implementation of the Phase II Storm Water NPDES Permit Regulations.
DEPARTMENT OF STORM WATER MANAGEMENT. The City of Elkhart's Department of Storm Water Management.
EQUIVALENT RESIDENTIAL UNIT (ERU). The number of units, equal to the assumed average amount of impervious area of a single-family residential parcel of real estate within the city which is established at 3,600 square feet of impervious area per unit. The unit value, which will be carried out and rounded off to 1 decimal point, being the equivalent of 0.1 of an ERU, is also the basis for calculating the assessment of storm water user fees for the city storm water system.
IMPERVIOUS AREA. Those areas which prevent or impede the infiltration of storm water into the soil as it enters natural conditions prior to development. Common impervious areas include, but are not limited to, roof tops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, gravel surfaces, awnings and other fabric or plastic coverings, and other surfaces which prevent or impede the natural infiltration of storm water run-off which existed prior to development.
KEY NUMBER. A number assigned to a tract of land in Elkhart County by the Elkhart County Auditor that identifies the taxing district in which the tract is located, is a number that is not assigned to any other
tract in Elkhart County, and is listed in the transfer book or records maintained under I.C. 6-1.1-5.
MS4. A municipal separate storm sewer system.
MS4 OPERATOR. The person designated by Elkhart County as the person responsible for the oversight of the MS4 program and permitting process.
NON-RESIDENTIAL REAL ESTATE. All real estate tax parcels which are not described by the definition of residential real estate shall be defined as non-residential. Non-residential real estate will include:
(1) Agricultural real estate;
(2) Commercial real estate;
(3) Industrial real estate;
(4) Institutional real estate;
(5) Church real estate;
(6) School real estate;
(7) Federal, state, and local government real estate;
(8) Utility real estate; and
(9) Any other real estate not mentioned in this list and which is not described by the definition of RESIDENTIAL REAL ESTATE.
RESIDENTIAL REAL ESTATE. A separate tax parcel of real estate which is primarily used for dwelling purposes on which a building is situated which building contains 1 or more dwelling units which dwelling units are each used or are intended to be used primarily for living, sleeping, cooking, and eating. RESIDENTIAL REAL ESTATE shall include all types of dwelling units including single-family homes, duplexes, triplexes, quadplexes, and row type homes. RESIDENTIAL REAL ESTATE shall also include condominium dwellings, apartment dwellings, and mobile home parks.
STORM WATER BOARD. The Board of Directors of the Elkhart City Department of Storm Water Management.
USER. An owner of a tax parcel of real estate within the corporate boundaries of the city, which directly or indirectly contributes to the storm water system of the city.
(Ord. 5012, passed 2-5-2007; Am. Ord. 5246, passed 1-24-2011)
Until later revised or amended, the storm water user fees shall be at the rate of $15 per year per ERU. This storm water rate is designed to cover the cost of rendering storm water service to the users of the city's storm water system and shall be the basis for the assessment of the storm water user fee. This rate is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, variations in the requirements for providing such services, as well as future improvements and capital needs. This rate may be evaluated and adjusted, as necessary, with regard to its sufficiency to satisfy the needs of the Department of Storm Water Management; otherwise, this rate shall remain in effect. Any rate adjustments shall first be passed by resolution of the Storm Water Board after public notice and hearing.
(Ord. 5012, passed 2-5-2007; Am. Ord. 5246, passed 1-24-2011)
(A) There is hereby assessed a storm water user fee to each owner of residential real estate and non-residential real estate located within the corporate boundaries of the city which contain impervious area in an amount based upon the assigned ERU as determined below. Such storm water user fees shall be calculated and assessed on a tax parcel basis by key number.
(B) Except as otherwise stated in this subchapter, all real estate having impervious area within the corporate boundaries of the city will be assigned an ERU in accordance with the following provisions:
(1) Residential real estate. A tax parcel containing a single dwelling unit shall be 1 ERU. A tax parcel containing 2 or 3 dwelling units shall also be assigned 1 ERU. All other tax parcels containing more than 3 dwelling units shall be assigned an ERU value based upon the parcel's individually measured impervious area in square feet divided by 3,600 square feet. This division will be calculated and rounded to 1 decimal place.
(2) Non-residential real estate. Each tax parcel of non-residential real estate shall be assigned an ERU based upon the parcel's individually measured impervious area in square feet divided by 3,600 square feet. This division will be calculated and rounded to one decimal place. However, the assessment for any non-residential tax parcel with a calculated annual storm water user fee equal to or less than $2.25 will be waived.
(3) The identification of real estate tax parcels and key numbers, the classification of primary use, the determination of whether a tax parcel contains a dwelling, the number of dwellings a tax parcel contains, the classification of the type of dwelling unit and type of real estate, shall be based upon the existing data in the Elkhart County computer-assisted mass appraisal system (CAMA) database for the respective determination date used for making the storm water user fee assessments. The calculation of the individually measured impervious area on a tax parcel shall be computed using a scale of 1:600, based upon the existing data in the Elkhart County geographic information system (GIS) database for the respective determination date used for making the storm water user fee assessments. If, for any reason, the calculation of the individually measured impervious area on a tax parcel cannot be accurately computed using a scale of 1:600, based upon the existing data in the Elkhart County GIS database for the respective determination date, the calculation of the individually measured impervious area on a tax parcel shall be computed in the following order of priority:
(a) Using a scale of 1:600, based upon the existing data in the most recent Elkhart County GIS database prior to the respective determination date used for making the storm water user fee assessments; or
(b) Based upon the existing data in the Elkhart County CAMA system database for the respective determination date used for making the storm water user fee assessments.
The individually measured impervious area on a tax parcel computed in accordance with the provisions above may be adjusted, based upon the data from any permitted construction, additions, demolitions, and other changes on a tax parcel which occur after the date of the aerial photography utilized in the Elkhart County GIS database, or based upon the actual verified conditions on the tax parcel, or both.
(4) For each current year storm water user fee assessment, the determination date shall be March 1st of the prior year.
(C) There shall be no exceptions or exemptions from the assignment of ERUs and the assessment of storm water user fees for a particular type or classification of real estate tax parcel within the corporate boundaries of the city.
(Ord. 5012, passed 2-5-2007; Am. Ord. 5246, passed 1- 24-2011; Am. Ord. 5319, passed 11-19-2012)
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