Section
General Provisions
54.01 Stormwater utility
54.02 Stormwater utility user fee
54.03 Payment in lieu of taxes
54.04 Definitions
54.05 Stormwater utility user fee structure
54.06 Billing and collection
54.07 Program administration
54.08 Stormwater utility account
Stormwater Management
54.20 Authority and title
54.21 Applicability and exemptions
54.22 Purpose
54.23 Abbreviations
54.24 Definitions
54.25 Responsibility for administration
54.26 Conflicting ordinances
54.27 Disclaimer of liability
54.28 Prohibited discharges and connections
54.29 Stormwater quantity management
54.30 Stormwater pollution prevention for construction sites
54.31 Stormwater quality management for post-construction
54.32 Permit requirements and procedures
54.33 Enforcement
GENERAL PROVISIONS
A stormwater utility user fee shall be imposed on each and every lot or parcel of real property within the city, including those classified as non-profit or tax exempt, for services and facilities provided by the stormwater utility. This user fee is deemed reasonable and is necessary to pay for the repair, replacement, planning, improvement, operation, regulation, and maintenance of the existing and future stormwater system for the city.
(Ord. 2004-36, passed 12-16-2004)
(A) The city hereby elects to provide for a schedule of rates and charges sufficient to produce a sum equal to the amount the city would have received if the stormwater utility owned property were privately owned and hereby directs the Stormwater Utility Comptroller to set aside a sum equal to 3% of the gross revenues of the stormwater utility and to thereafter pay monthly to the Clerk-Treasurer for deposit into the General Fund one-twelfth of the total sum deemed sufficient to compensate the city for all sums which would ordinarily be received were the property of the stormwater utility privately owned.
(B) The Common Council hereby determines that the schedule of rates and charges set forth herein will provide the necessary revenue to pay the amounts set forth above.
(Ord. 2010-4, passed 3-10-2010; Ord. 2019-25, passed on 5-13-2020)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DETENTION. The temporary storage of stormwater runoff in a basin, pond, or other structure to control the peak discharge rates by holding the stormwater for a period of time and which provides some gravity settling of particulates.
DEVELOPED PROPERTY. Any lot or parcel of land altered from its natural state by the construction, creation, or addition of impervious area, except public streets and highways.
DISCHARGE. Any direct or indirect entry of any solid, liquid, or gaseous matter.
DWELLING UNIT. A group of rooms that are used or are intended to be used by one household primarily for living, sleeping, cooking, and eating, or as classified by the city’s Building Code.
EQUIVALENT RESIDENTIAL UNIT (ERU). The base unit for determining stormwater charges. An ERU represents the average amount of impervious area of a single-family residential property within the city and is established as 2,250 square feet of impervious area.
IMPERVIOUS AREA. Any part of any developed property that has been modified by the action of persons to reduce the land’s natural ability to absorb and hold rainfall. This includes buildings as well as any hard surface area which either prevents or retards the entry of water into the soil. By way of example, IMPERVIOUS AREAS include, but are not limited to, roof tops, walkways, patios, driveways, parking lots, or storage areas, concrete or asphalt paving, or gravel roads or driveways.
MULTI-FAMILY RESIDENTIAL PROPERTY. A lot or parcel of land on which is situated a building containing three or more dwelling units, or on which two or more buildings containing multiple dwelling units are situated.
NON-RESIDENTIAL PROPERTY. All properties not encompassed within the definition of residential property, including, but not limited to, commercial, industrial, retail, multi-family residential, agricultural, governmental, institutional, schools, and churches.
PARCEL. The smallest separately segregated lot, unit, or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes by the center township or the County Assessor.
PEAK DISCHARGE. The maximum rate of flow of water passing a given point during or after a rainfall event.
RESIDENTIAL PROPERTY. Any parcel or group of parcels within the city on which a single building or mobile home is situated, containing up to but not more than two dwelling units. The parcel(s) may also contain accessory structure(s) such as a yard shed or garage, as allowed by city ordinances. Each and every RESIDENTIAL PROPERTY shall be assigned one ERU.
SITE OF INDUSTRIAL ACTIVITY. Any area or facility used for manufacturing, processing, or raw materials storage, as defined under 40 C.F.R. § 122.26(a)(14) of regulations of the U.S. Environmental Protection Agency, as amended.
STORMWATER. The chemical compound of hydrogen and oxygen which is produced from atmospheric clouds as rain, snow, sleet, and hail.
STORMWATER SYSTEM. All constructed facilities, including structures and natural watercourses under the ownership or control of the city, used for collecting and conducting stormwater to, through, and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, streets, culverts, retention or detention basins, and pumping stations; but excluding therefrom, any part of the system of drains and watercourses under the jurisdiction of the County Drainage Board or waters of the state.
STORMWATER UTILITY COORDINATOR. The person designated as the Stormwater Utility Coordinator.
STORMWATER UTILITY USER. The owner of a lot or parcel within the city.
STORMWATER UTILITY USER FEE. A charge or user fee authorized by I.C. 8-1.5-5 and imposed on all stormwater utility users.
SURFACE WATER. Water occurring on the surface of the land, from natural causes such as rainfall, whether falling on the land in question or flowing onto the land in question.
UNDEVELOPED PROPERTY. Property which has not been altered from its natural state by the addition of any improvements such as a building, structure, or impervious surface, change of grade, or landscaping. For new construction, a property shall be considered developed pursuant to this subchapter:
(1) Upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; or
(2) Where construction is at least 50% completed.
UTILITY BILLING PERSONNEL. Employees within the City Utilities Department charged with account establishment, creation, and distribution of regular invoices, and recording of charges and payments for each account, as well as related enforcement allowed within this chapter.
(Ord. 2005-9, passed 6-9-2005; Ord. 2019-25, passed on 5-13-2020)
(A) A stormwater utility user fee shall be imposed on all residential and non-residential property within the city, including those classified as non-profit or tax exempt, for services and facilities provided by the stormwater utility. This user fee is deemed reasonable and is necessary to pay for the repair, replacement, planning, improvement, operation, regulation, and maintenance of the existing and future stormwater system for the city.
(B) For the purposes stated herein, there is hereby assessed a stormwater utility user fee to each stormwater utility user within the corporate limits of the city, in an amount determined below. For purposes of imposing the stormwater utility user fee, all lots and parcels within the city are classified as either residential or non-residential and shall be assessed a monthly base fee of $4 effective October 1, 2008. In addition to the base fee, the following variable charge shall also be levied.
(1) Residential. A monthly user fee of $2 per ERU shall be charged to each residential property. Each residential property is hereby assigned one ERU. Each parcel of undeveloped property, notwithstanding zoning or property classification, is assigned one ERU.
(2) Non-residential properties. A monthly user fee of $2 per ERU shall be charged to each non-residential (NR) property. For each NR property, the total amount of impervious surface will be computed in square feet and divided by 2,250 square feet to determine the number of ERU contained on the property. The resultant will be rounded up or down to the nearest whole number to determine the total ERU, but the minimum shall not be less than one ERU. Provided, however, that the maximum total monthly charge for each municipal, township, county, state, or federal NR property shall not exceed $450.
(C) The stormwater utility user fee shall be based on the relative contribution of surface and stormwater runoff from a given parcel to the city’s stormwater system and shall be assessed per ERU per month. Any billings for stormwater service outside this time shall be on a per diem basis. This stormwater utility user fee rate is designed to recover and be able to pay the cost of rendering stormwater service to the users of the stormwater system, and shall be the basis for assessment of the city’s stormwater utility 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, as well as variation in the demand for services. This rate shall be evaluated annually as to its sufficiency to satisfy the needs of the stormwater utility. The following methods may be used to determine the non-residential factors:
(1) Computation of the impervious area using on-site measurements of the apparent outside boundaries in or on such developed property made by the city or on its behalf;
(2) Computation of the impervious area using the dimensions which are set forth and contained in the records of the office of the County Assessor or Center Township Assessor;
(3) Estimation, calculation, and computation of the impervious area using aerial photography or photogrammetry, or as contained in the records of the city or county; or
(4) Computation of impervious area using data provided by the owner, tenant, or developer. The Stormwater Utility Coordinator may require additional information as necessary to make the determination.
(Ord. 2005-9, passed 6-9-2005; Ord. 2005-14, passed 10-13-2005; Ord. 2008-27, passed 9-24-2008; Ord. 2019-25, passed on 5-13-2020)
(A) Bills or statements for the stormwater utility user fee shall be rendered monthly, in accordance with the regular utilities billing cycle, for all properties subject to the fee. Bills shall be payable at the same time and in the same manner and subject to the same penalties as set forth for the sewer utility. Any partial payment of a combined utility bill shall be applied first to the stormwater utility user fee. Any unpaid stormwater utility user fees shall constitute a lien on such property and shall be on a parity with the lien of state, county, and municipal taxes. The lien, when delinquent for more than 30 days, may be foreclosed by the city in the manner provided by the laws of this state for the foreclosure of mortgages on real property.
(B) For properties normally receiving monthly utility bills for other city services, the stormwater utility user fee shall be included in the monthly bill rendered to the established owner/customer.
(C) For properties not receiving monthly utility bills for other city services, the bill or statement for the stormwater utility user fee shall be sent to the stormwater utility user as determined from the tax rolls.
(D) The owner of a property is ultimately responsible for all fees imposed under this chapter.
(E) Requests for adjustment of the stormwater utility user fee shall be submitted through the Stormwater Utility Coordinator, who shall be given authority to administer the procedures and standards and review criteria for the adjustment of fees as established herein. All requests shall be judged on the basis of category and classifications as herein defined. No credit shall be given for the installation of facilities required by city or county development codes or state stormwater rules. The following procedures shall apply to all adjustment requests of the stormwater utility user fee.
(1) Any customer who has paid his or her stormwater utility user fees and who believes the ERU component of his or her stormwater utility user fee to be incorrect may, subject to the limitations set forth in this chapter, submit an adjustment request to the Stormwater Utility Coordinator.
(2) Request for adjustment of stormwater utility user fees paid by an owner making the request shall be in writing and set forth, in detail, the grounds upon which relief is sought.
(3) Adjustment requests made during the first calendar year that the stormwater utility user fee is imposed will be reviewed by the Stormwater Utility Coordinator within a four-month period from the date of filing of the adjustment request. Adjustments resulting from such request shall be retroactive to the beginning of billings but shall not exceed one year.
(4) The owner requesting the adjustment may, at his or her own cost, provide supplemental information to the Stormwater Utility Coordinator including, but not limited to, facts, opinions, or professional services to substantiate his or her case.
(5) Adjustments to the stormwater utility user fee will be made by the utility billing personnel upon the granting of the adjustment request, in writing, by the Stormwater Utility Coordinator. Denials of adjustment requests shall be made, in writing, by the Stormwater Utility Coordinator.
(F) Upon receipt of the written denial of the adjustment request, the customer who initially requested the adjustment may, within 30 days of receipt of such denial, appeal to the Board for review of the denial. The Board shall complete its review within 60 days of receipt of said request for appeal. The Board’s determination on the appeal shall be in writing and set forth in detail the reason for its decision. In evaluating the appeal, the Board shall be bound by the standards and review criteria contained herein. All determinations of the Board arising out of this section shall be final.
(Ord. 2005-9, passed 6-9-2005; Ord. 2019-25, passed on 5-13-2020)
(A) It shall be the duty of the Stormwater Utility Coordinator to administer the stormwater utility program. The utility billing personnel shall keep an accurate record of all persons using the services and facilities of said stormwater utility of the city and make changes in accordance with the rates and charges established in this chapter or by ordinance.
(B) The Stormwater Utility Coordinator shall direct any new development or the property owner of newly annexed property to establish a stormwater utility user account.
(C) The Board may issue an order to any person to immediately cease any discharge, or connection to the stormwater system, determined by the Board to be in violation of any provision of this chapter, or in violation of any regulation or permit issued hereunder.
(D) Any violation of any provision of this chapter, or of any regulation or order issued hereunder shall be subject to injunctive relief if necessary to protect the health, safety, or general welfare of the public.
(E) A person shall be deemed guilty of a separate violation for each and every day during any continuing violation of any provision of this chapter, or of any regulation or permit issued hereunder.
(F) The Board may take all actions necessary, including the issuance of notices of violation, the filing of court actions to require and enforce compliance with the provisions of this chapter and with any regulation or permit issued hereunder.
(Ord. 2005-9, passed 6-9-2005; Ord. 2019-25, passed on 5-13-2020)
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