A. Any property owner whose property does not use or benefit from the Village's stormwater system may apply to the Village Engineer to be excluded from the stormwater utility fee if:
1. None of the stormwater emanating from the owner's property discharges into the Village's stormwater system, either directly or indirectly; and
2. The property does not benefit directly or indirectly from the Village's stormwater system.
B. Applications for an exclusion from the Village's stormwater utility fee filed pursuant to this Section shall be filed in writing with the Village Engineer, along with documentation for the assessment of the application, which documentation shall include the following items:
1. Detailed specifications of any on-site cleaning of stormwater performed prior to discharge into the Village stormwater utility system, along with sufficient evidence that any on-site cleaning system is in good working order and is maintained on a regular basis;
2. An ALTA survey of the relevant property prepared no more than one year prior to the filing of the application for the exclusion;
3. A topographical survey of the property that includes runoff patterns and directions of all stormwater emanating from the relevant property prepared no more than one year prior to the filing of the application for the exclusion;
4. A report from a qualified and licensed engineer with detailed data demonstrating:
a. The amount of stormwater that is retained on the relevant property;
b. The amount of stormwater that is discharged from the relevant property and the locations to which the stormwater flows, including, without limitation:
(1) The locations of any soils that may absorb runoff from the property;
(2) Any bodies of water, creeks, streams, and tributaries into which the stormwater flows; and
(3) Where those bodies of water, creeks, streams, and tributaries flow; and
c. Whether any of the stormwater that may flow outside of the boundaries of the Village may contribute to the saturation of the ground or flooding that may have direct or indirect impacts on the amount of stormwater that flows into the Village's stormwater system; and
5. Relevant photographic evidence in support of the application.
The Village Engineer, in the Village Engineer's sole discretion, may waive any of the above submittal requirements upon request.
C. The Village Engineer must make a written determination within 30 days after receipt of the property owner's completed written application for a stormwater utility fee exclusion. If the Village Engineer denies the request, the property owner may appeal that denial to the Village Administrator by submitting a written appeal within 15 days after receipt of the written denial from the Village Engineer. The Village Administrator must either grant or deny the appeal, and in writing, within 30 days after receipt of the written appeal. If the Village Administrator does not grant the appeal, the property owner may appeal that decision to the Village Board of Trustees by submitting a written appeal within 15 days after receipt of the written decision of the Village Administrator. The Village Board of Trustees will then consider the appeal at a regular meeting and may either grant, deny, or remand the appeal back to the Village Engineer for further consideration.
D. If an adjustment or correction is approved by the Village, the adjustment will be incorporated into the stormwater utility fee calculation for the specified parcel and will apply starting for the billing period during which the application was received, and will apply until the property is altered in a manner that results in the property's use of or benefit from the Village's stormwater system. (Ord. 2023-12, 4-25-2023)