(A) I.C. 8-1.5-5 concerning “Storm Water Management Systems” is adopted by the Town Council of the Town of Kouts, Indiana, so as to make the Act and any and all amendments thereto effective and operative in the Town of Kouts, Indiana.
(B) Pursuant to I.C. 8-1.5-5-4, a Department of Storm Water Management shall be and is created for the purpose of providing for the collection, disposal and drainage of storm and surface water in the Town of Kouts.
(C) Pursuant to I.C. 8-1.5-5-4, the Department of Storm Water Management shall be controlled by a Board of Directors which shall consist of three Directors appointed by the President of the Town Council with not more than two of whom may be of the same political party.
(D) The initial terms of the first Directors appointed pursuant to this section shall be staggered so that one Director shall have a one year term; one Director shall have a two year term; and one Director shall have a three year term; and, thereafter the terms of all directors shall be for a period of three years and all initial terms shall begin on the first day of the month following adoption of this section.
(E) Pursuant to I.C. 8-1.5-5-5, there is created a special taxing district which shall include all of the territory within the corporate boundaries of the Town of Kouts, Indiana.
(F) The Board of Directors shall prepare a budget for the operation of the Department on an annual basis, which budget shall be subject to approval by the Town Council and any issuance of bonds or other methods for making capital improvements shall be approved by the Town Council as provided by law.
(`77 Code, Chapter 56) (Am. Ord. 1997-7, passed 7-21-97)
Statutory reference:
For provisions concerning the Department of Storm Water Management, see I.C. 8-1.5-5 et seq.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
IMPERVIOUS AREA. The total hard surface area (asphalt, concrete, stone and the like) that is contained on a lot or parcel or within a development tract. Hard surface area shall include, but not be limited to, driveways, parking areas, sidewalks or other paved areas and all areas under roof.
QUALIFIED RETENTION FACILITY. An artificial basin, designed and approved under the requirements of the Storm Water Management Board and operated to reduce peak discharge from an area by use of temporary storage. At the discretion of the Storm Water Management Board, existing retention/detention facilities may be considered.
REPLACEMENT COSTS. The expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of storm water collection facilities to maintain the capacity and performance for which such works were designed and constructed.
SEWAGE WORKS. The meaning as defined in I.C. 36-9-1-8.
STORM WATER UTILITY, STORM WATER WORKS, STORM WATER FACILITIES or like terms. All constructed pipes, mains, facilities, structures and natural water courses under the control of the town used for collecting and conducting storm water through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: mains, pipes, lift stations, inlets, conduits and pertinent features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins and pumping stations; and excluding therefrom any part of the system of drains and water courses under the jurisdiction of the Porter County Drainage Board.
USER CLASS. The division of storm water properties between residential and non-residential.
USER FEES. Dedicated charges paid by users and are based on the estimated amount of water that leaves their property.
USERS. The owners or tenants of properties within the town limits containing impervious areas that add runoff or sewage to the storm water system.
(`77 Code, § 57.01) (Am. Ord. 1999-3, passed 2-15-99)
Statutory reference:
For provisions of the definition of sewage works, see I.C. 36-9-1-8
(A) Every user shall be charged for the services provided. These charges are established for each user class, as defined, in order that the storm water utility shall recover, from each user and user class, revenue which is proportional to its measurement of impervious area.
(B) These various classes of users of the storm water collection system for purposes of this section shall be as follows:
(1) Class 1: Residential;
(2) Class 2: Nonresidential.
(C) For purposes of this chapter, the definitions of these user classes shall be:
(1) Residential user class. Shall include:
(a) A lot or parcel improved with a structure used primarily as a single family or two family residence; or
(b) A lot or parcel improved with a structure used primarily for residential purposes having less than 5,000 square feet of impervious area, each of which discharge storm water, directly or indirectly, into the storm water system of the town.
(2) Nonresidential user class. Shall include all other properties that do not meet the definition of residential user class and that discharge storm water, directly or indirectly, into the storm water system of the town.
(`77 Code, § 57.02) (Am. Ord. 1999-3, passed 2-15-99)
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