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(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)
(A) There shall be established a stormwater utility account for the deposit of all fees and charges collected by the stormwater utility.
(B) These funds shall be for the exclusive use of the stormwater utility including, but not limited to, the following:
(1) Stormwater management services, such as studies, design, permit review, plan preparation, and development review;
(2) Operation, maintenance, repair, and replacement of the stormwater collection, storage, conveyance, or treatment infrastructure;
(3) Project costs related to constructing major or minor structural improvements to the city’s stormwater related infrastructure;
(4) Administrative costs associated with the management of the stormwater utility user fee;
(5) Debt service financing of the city’s stormwater related capital improvements; and
(6) Funding of studies such as water quantity and quality monitoring, aerial photography, and geotechnical work associated with the planning of the stormwater related infrastructure.
(Ord. 2005-9, passed 6-9-2005)
STORMWATER MANAGEMENT
(A) This subchapter is adopted in accordance with statutory authority granted to the Common Council under its home rule powers, and further is required by Phase II of the National Pollution Discharge Elimination System program (FR Doc. 99-29181) authorized by the 1972 amendments to the Clean Water Act, the State Department of Environmental Management’s Rule 13 (327 IAC 15-6), and the State Department of Environmental Management’s Rule 5 (327 IAC 15-2-2). Based on this authority and these requirements, this subchapter regulates:
(1) Discharges of prohibited non- stormwater flows into the stormwater drainage system;
(2) Stormwater drainage improvements related to development of lands located within the city;
(3) Drainage control systems installed during new construction and grading of lots and other parcels of land;
(4) Erosion and sediment control systems installed during new construction and grading of lots and other parcels of land;
(5) The design, construction, and maintenance of stormwater drainage facilities and systems;
(6) The design, construction, and maintenance of stormwater quality facilities and systems; and
(7) Land-disturbing activities affecting wetlands.
(B) This subchapter shall be known and may be cited as the city’s Stormwater Management Ordinance.
(Ord. 2006-13, passed 10-26-2006; Ord. 2019-25, passed on 5-13-2020)
(A) This subchapter shall be applicable to all development and redevelopment occurring within the city. No permit shall be issued and no land disturbance started for any construction in a development, as defined in § 54.24, until the plans required by this subchapter for such construction have been accepted, in writing, by the city. With the exception of the requirements of §§ 54.28 and 54.32(D), single-family dwelling houses in approved subdivisions, new buildings (or cumulative building additions) with less than 500 square feet of area, and land-disturbing activities affecting less than 10,000 square feet of area shall be exempt from the permitting requirements of this subchapter.
(B) In addition to the requirements of this subchapter, compliance with all applicable city ordinances as well as with applicable federal, state, and other local statutes and regulations shall also be required. Unless otherwise stated, all other specifications referred to in this subchapter shall be the most recent edition available. City government public works projects shall also be subject to the requirements of this subchapter. However, the city is exempt from paying any applicable permit and review fees. If the project site is located within a county regulated drain watershed, the applicant will need to check with the County Surveyor’s office to learn if additional Surveyor’s office requirements specific to that regulated drain would apply to the site.
(C) Any construction project which has had its final drainage plan approved by the city within a two-year period prior to the effective date of this subchapter shall be exempt from all requirements of this subchapter that are in excess of the requirements of ordinances in effect at the time of approval. Such an exemption is not applicable to the requirements detailed in § 54.28.
(Ord. 2006-13, passed 10-26-2006)
(A) The purpose of this subchapter is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of stormwater and non-stormwater discharges to the storm drainage system and to protect, conserve, and promote the orderly development of land and water resources within the city. This subchapter establishes methods for managing the quantity and quality of stormwater entering into the stormwater drainage system in order to comply with state and federal requirements. The objectives of this subchapter are:
(1) To reduce the hazard to public health and safety caused by excessive stormwater runoff;
(2) To regulate the contribution of pollutants to the stormwater drainage system from construction site runoff;
(3) To regulate the contribution of pollutants to the stormwater drainage system from runoff from new development and re-development;
(4) To prohibit illicit discharges into the stormwater drainage system; and
(5) To establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this subchapter.
(B) As required by Rule 13 (327 IAC 15-6), the requirements of this subchapter are formulated in such a way to promote maximization of open space and minimization of land disturbance and surface imperviousness, where practical, in order to minimize the potential for introduction of pollutants to the city’s drainage conveyance system. The requirements of this subchapter are meant to guide the development within the city so that such development does not negatively impact the quality of stormwater.
(Ord. 2006-13, passed 10-26-2006)
For the purposes of this subchapter, the following abbreviations shall apply.
BMP | Best management practice |
COE | United States Army Corps of Engineers |
CWA | Clean Water Act |
EPA | Environmental Protection Agency |
GIS | Geographical information system |
IDEM | Indiana Department of Environmental Management |
MS4 | Municipal separate storm sewer system |
NOI | Notice of intent |
NOT | Notice of termination |
NPDES | National pollution discharge elimination system |
NRCS | USDA- Natural Resources Conservation Service |
POTW | Publicly owned treatment works |
SWCD | Soil and water conservation district |
SWPPP | Stormwater pollution prevention plan |
USDA | United States Department of Agriculture |
USFWS | United States Fish and Wildlife Service |
(Ord. 2006-13, passed 10-26-2006)
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