A. Direct Discharge Credit. Owners of properties that discharge all stormwater runoff directly into an adjacent public waterway, or a drainage system owned by someone other than the Village, provided that such stormwater does not subsequently enter the Village's stormwater system either directly or indirectly, are eligible for a direct discharge credit of 75 percent of the stormwater utility fee that would otherwise be charged.
B. Applications for a Direct Discharge Credit shall be filed in writing with the Village Engineer or the Engineer's designee, along with documentation required by the Rules and Regulations of the Village of Lake Bluff Stormwater System for the assessment of the application, which documentation shall include:
1. An ALTA survey of the relevant property prepared no more than one year prior to the filing of the application for the credit;
2. 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 credit;
3. A report from a qualified and licensed engineer with detailed data demonstrating:
a. 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
b. 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
4. 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 shall review a credit application filed pursuant to this section, and shall either grant or deny the requested credit or credits, within 60 days after the date on which the application is received. The Village Engineer shall only grant the requested credit or credits upon determining, in the exercise of the Engineer's professional judgment that the applicant meets the criteria for the credit, as defined in this section of this Code. If the Village Engineer denies the request, in whole or in part, 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's must either grant or deny the appeal, in whole or in part, and in writing, within 30 days after receipt of the written appeal. If the Village Administrator does not fully 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 subject of the appeal back to the Village Engineer for further consideration.
D. If a property owner obtains a stormwater utility fee credit pursuant this this Section, the Village Engineer may re-evaluate and rescind the credit if the Village Engineer determines that, due to a result of work on or changes to the property, regardless of whether the work or changes required a building permit, the property no longer satisfies the requirements set forth in subsection 8-2-25.A. Prior to rescinding the credit, the Village Engineer shall offer the property owner the opportunity to be heard and present information and documentation showing that the property still satisfies the requirements set forth subsection 8-2-25.A.
E. Application of credits; refund of overpayments. The Finance Director will apply approved credits to the applicant's account, and will refund to the applicant any overpayments made starting for the billing period during which the application was received. If the amount overpaid is less than the full amount of the customer's bill, the refund will be in the form of a credit against the customer's next bill. If the amount overpaid equals or exceeds the full amount of the customer's prior bill, then the overpayment will be refunded directly to the customer within 30 days after the date the credit is approved. (Ord. 2023-12, 4-25-2023)