(A) The stormwater utility will fund stormwater management activities by charging user fees to the owner or tenant of each property containing impervious surface area within the corporate limits of the town.
(B) The monthly stormwater utility user fee is uniform for all residential properties assigned one ERU. The user fee for one ERU shall be established as per Appendix A of Chapter 50 of this code.
(C) (1) User fees for nonresidential properties will be based upon the amount of impervious surface area contained within the property. The amount of impervious surface area for each property has been determined based upon measurements using aerial photography and by field measurements.
(2) The monthly stormwater utility user fee for a nonresidential property or a multi-family property with three or more units, which is defined as nonresidential, is determined using an ERU multiplier, which is calculated by dividing the total impervious surface area within the property by the base ERU of 3,210 square feet. This method allows for nonresidential property user fees to be based upon the amount of impervious surface area within the property as compared to the amount of impervious surface area of the average residential property. For example, a nonresidential property with 30,000 square feet of impervious surface area receives an ERU multiplier of 9.3, from 30,000 divided by 3,210. The ERU multiplier shall be rounded to one decimal place, and the minimum ERU shall be one. The ERU multiplier is then multiplied by the current fee for one ERU to determine the actual user fee in dollars.
(D) Impervious surface areas shall be measured in the field or based on the aerial footprint of the impervious surfaces. Angled rooftops shall be measured as if they were flat. All impervious surfaces within the parcel boundaries of a property shall be measured, with the exception of those surfaces located within a road right-of-way. For multi-unit properties, all units within a single parcel and all impervious surfaces, such as parking lots or walkways, shall be measured and billed to the property owner. For multilevel or multistory structures containing more than one level, the footprint of the building and other impervious surfaces shall be measured and billed to the property owner.
(E) When improvements are made to nonresidential properties, the property owner or developer shall provide to the town the impervious surface area measurements for the completed project in square feet in order for that property to be accurately billed.
(F) Public rights-of-way are exempt from the user fee.
(G) If the monthly stormwater utility fee is not paid by the due date stated on the bill, then a late charge of 10% will be assessed together with any and all costs of collection, if any, including reasonable attorney fees and the costs of collection. Delinquent charges for stormwater services, as well as applied penalties, recording fees and service charges, constitute a lien upon the property and may be collected in accordance with the provisions of I.C. 36-9-25-11.
(Ord. 2017-8, passed 11-7-2017; Ord. 2017-9, passed 11-7-2017)