918.13 ADJUSTMENTS.
   Credit or adjustments can be made to non-single family service charges for qualified property owners performing activities that reduce the impact of stormwater runoff to the stormwater system as follows:
   (a)   Education Credits.
      (1)   General Policies.
         A.    This program is available to all schools as defined in the zoning code, public or private that offer a compulsory education curriculum for grades K through 12 or part thereof.
         B.    Credits will be issued on a building complex by building complex basis.
         C.    Where a site is jointly used by a school and another use (e.g. church) the stormwater fee will be prorated based on usage and the credit will be issued to the school portion of the fee.
         D.    In no case will the total credit amount be more than the cap identified in Section 918.13(l).
      (2)   Credits available. Stormwater education credits of up to 50% of the stormwater bill may be granted for approved programs providing public awareness and education on stormwater issues as follows
         A.    Stormwater Educational Curriculum (e.g. Project WET and Project Aquatic WILD) integrated into standard curriculum for 15% of the students in the school;
          B.    Stormwater Educational Activities (e.g. essay contest, poster contest) with participation of 15% of the students;
         C.    Public Service Activities (e.g. Adopt a Road, Adopt a Stream, Hocking River cleanup, or inlet stenciling) involving 5% of the students or utilizing student recruited adults. Where adults are recruited, they shall be credited with 3 equivalent students per each adult participant;
         D.    In Kind Services (e.g. web site development, brochure development, public service announcements, videos or other program related work) as approved by the Service Safety Director;
         E.    A combination of the above items for an equivalent student participation of 15% or as approved by the Service Safety Director.
      (3)   Basic Procedures.
         A.    In order to receive educational credits, the school will need to submit an application including an education plan. The application will be due by October 1, of each year. The plan shall be reviewed and approved by the Service Safety Director. Once approved, the credit shall be placed on the appropriate stormwater bill.
         B.    Upon completion of the educational plan or no later than October 1 of each year, the school shall submit an annual report indicating compliance with the approved plan. The annual report shall be broken down by the types of activities and indicate the number of participants. If the school did not substantially comply with the plan, the report will include an explanation of the failure and any needed corrective action. Other reporting requirements may be required as part of the plan approval and shall be included in the annual report.
         C.    The annual report will be reviewed by the City Engineer. If upon review, the school did not substantially comply with the approved plan, the City may:
            1.   Require additional activities as a corrective action
            2.   Reduce the education credit to a level comparable with the compliance
            3.   Revoke the education credit and require repayment in accordance with Section 918.09
            4.   Refuse approval of any new education plan.
   (b)    Retention/Detention Credit.
      (1)   General Policies.
         A.    This program is available to all non-single family properties or part thereof.
         B.    Credits will be issued on a property by property basis for only the portion of the property tributary to the retention/detention facility.
         C.    When a facility is jointly used by several non-single family properties under a joint use agreement, including deed restriction, the credit shall be prorated among the properties as a percentage of the tributary area.
         D.    In no case will the total credit amount be more than the cap identified in Section 918.13(l).
      (2)   Credits available. Retention/Detention credits may be granted for approved facilities that reduce the quantity of stormwater and/or improve the water quality of stormwater as follows:
         A.    A 10% credit may be given for a retention/detention facility required by City standards, that is functioning as designed.
         B.    An additional credit of up to 10% may be given for facilities that provide additional detention/retention that benefits upstream or downstream properties without a joint use agreement or provide additional detention/retention for water quality purposes. This additional credit will be calculated as one tenth of a percent for each one percent increase in detention/retention over the volume required by City Standards.
         C.    An additional credit of up to 10% for demonstration projects of Best Management Practices determined and approved by the City Engineer designed to meet specific site situations.
      (3)   Basic Procedures.
         A.    In order to receive detention/retention credits, the non-single family property owner will need to submit an application, including application fee, right of entry easement, if applicable, and any required engineering plans and calculations stamped by a registered professional engineer.
If approved the credit shall be placed on the appropriate stormwater bill.
         B.    The City Engineer or his designee shall inspect the detention/retention facility prior to approving the credit and periodically after the credit is issued to insure compliance with the approved plans.
         C.    If inspections find that the facility has been altered or is not maintained to provide the approved detention/retention, the City may
            1.   Required corrective action
            2.   Reduce the credit to a level comparable with the detention/retention provided
            3.   Revoke the credit and require repayment in accordance with Section 918.09.
   (c)    Preservation of the 100 Year Special Flood Hazard Area.
      (1)   General Policies.
         A.    This program is available to all non-single family properties or part thereof.
         B.    Credits will be issued on a property by property basis.
         C.    In no case will the total credit amount be more than the cap identified in Section 918.13(l).
      (2)   Credits available. Preservation credits may be granted to properties located all or in part in the Special Flood Hazard area regulated under Chapter 1331. Preservation credits may be granted to preserve the flood hazard area resulting in the reduction of flood damage, improvements in water quality and reduction of water quantity as follows
         A.    A 20% credit may be given for preserving 100% of the special flood hazard area (excluding the floodway) as pervious areas and without altering the existing ground elevations.
         B.    A credit of up to 10% may be given for preserving portions of the special flood hazard area (excluding the floodway) as buffer and without altering the existing ground elevations. This additional credit will be calculated as one tenth of a percent for each one percent of special flood area (excluding the floodway) preserved as buffer and without altering the existing ground elevations.
         C.    A credit of up to 20% for projects to replace special flood hazard area (excluding the floodway) by construction of flood storage basins or other Best Management Practices determined and approved by the City Engineer designed to meet specific site situations.
      (3)   Basic Procedures.  
         A.    In order to receive preservation credits, the non-single family property owner will need to submit an application, including application fee, right of entry easement, if applicable, and any required engineering plans and calculations stamped by a registered professional engineer. If approved the credit shall be placed on the appropriate stormwater bill.
         B.    The City Engineer or his designee shall inspect the property prior to approving the credit and periodically after the credit is issued to insure compliance with the approved preservation.
         C.    If inspections find that the preservation area has been altered, the City may
            1.   Required corrective action
            2.   Reduce the credit to a level comparable with the detention/retention provided
            3.   Revoke the credit and require repayment in accordance with Section 918.09.
   (d)    Maintenance Credit.
      (1)   General Policies.
         A.    This program is available to all non-single family properties or part thereof.
         B.    Credits will be issued on a property by property basis.
         C.    In no case will the total credit amount be more than the cap identified in Section 918.13(l).
      (2)   Credits available. Maintenance credits may be granted to properties which maintain public stormwater open channels or to property owners who participate in an approved Adopt-A-Road or other sanctioned City clean up program. Maintenance credits may be granted to reduce operation and maintenance costs to the City as follows
         A.    A credit of up to 30% may be given for maintaining public stormwater open channels. The credit will be calculated as one half percent per lineal foot of channel maintained.
         B.    A credit of up to 10% may be given for participation in an approved Adopt-A-Road program. The credit will be based on a signed contract to provide litter collection on a one mile section of roadway on a schedule to be approved by the Service Safety Director. The minimum term of the contract shall be three clean ups per year for a three year period.
         C.    A credit of up to 10% may be given for participation in a sanctioned City clean up program. The credit will be calculated as 1% for each 5 participants in the cleanup program. The credit shall be granted for a period of no more one year from the sanctioned program.
      (3)   Basic Procedures.
         A.    In order to receive Maintenance credits, the non-single family property owner will need to submit an application, including application fee, right of entry easement, if applicable, maintenance plan and any required engineering plans and calculations stamped by a registered professional engineer. If approved the credit shall be placed on the appropriate stormwater bill.
         B.    The City Engineer or his designee shall inspect the property to determine if the proposed maintenance will reduce operation and maintenance costs to the City. If the proposal is approved for maintenance credit, the City Engineer shall periodically inspect the property to insure compliance with the approved maintenance plan.
         C.    In order to receive credit for participation in an approved Adopt- A-Road Program, the non-single family property owner will need to submit an application including application fee, and a request for roadway designation. Only roadways designated by the Superintendent of Streets shall be approved for adoption and cleanup work must be completed in accordance with a schedule approved by the Service Safety Director.
         D.    In order to receive credit for participation in a sanctioned cleanup program, the non-single family property owner will need to submit an application including application fee and tentative list of participants. Participants must register at the event and identify themselves as credit program participants. A single participant may be credited only to one stormwater account.
         E.    If periodic inspections find that the property owner is not following the approved maintenance plan, the City may
            1.   Require corrective action
            2.   Reduce the credit to a level comparable with the detention/retention provided
            3.   Revoke the credit and require repayment in accordance with Section 918.09.
         F.    If a participant in an Adopt A Road program fails to comply with the conditions of the contract, the City may
            1.   Require corrective action on a schedule determined by the Service Safety Director
            2.   Reduce the credit to a level comparable with the contract completion
            3.   Revoke the credit and require repayment in accordance with Section 918.09.
   (e)    Brownfield Reuse.
      (1)   General Policies.
         A.   This program is available to all non-single family properties or part thereof.
         B.    Credits will be issued on a property by property basis.
         C.    In no case will the total credit amount be more than the cap identified in Section 918.13(l).
      (2)   Credits available. Brownfield Reuse credits may be granted to properties receiving Brownfield Cleanup funds under ORC 122. Brownfield Reuse credits may be granted to improve water quality from stormwater discharges as follows
         A.   A 10% credit may be given for a period of five years following activation of the project.
      (3)   Basic Procedures.
         A.   In order to receive Brownfield Reuse credits, the non-single family property owner will need to submit an application, including application fee, right of entry easement, if applicable, proof of funding under ORC 122 and any required engineering plans and calculations stamped by a registered professional engineer. If approved the credit shall be placed on the appropriate stormwater bill.
         B.   The City Engineer or his designee shall inspect the property prior to approving the credit and periodically after the credit is issued to insure compliance with the approved cleanup plan.
         C.    If inspections find that the cleanup is no longer proceeding, the City may
            1.   Require corrective action
            2.   Reduce the credit to a level comparable with the detention/retention provided
            3.   Revoke the credit and require repayment in accordance with Section 918.09.
   (f)    Industrial National Pollution Discharge Elimination System Permit (NPDES) Credit.
      (1)   General Policies.
         A.   This program is available to all non-single family properties or part thereof.
         B.    Credits will be issued on a property by property basis.
         C.    In no case will the total credit amount be more than the cap identified in Section 918.13(l).
      (2)   Credits available. NPDES credits may be granted to properties receiving and operating under an individual industrial National Pollution Discharge Elimination System Permit for stormwater or an individual or general Municipal Separated Storm Sewer Svstem Permit as issued by the United States Environmental Protection Agency or delegated state authority. NPDES credits may be granted to recognize improve stormwater management and water quality from stormwater discharges as follows
         A.    A 30% credit may be given for a valid NPDES permit covering stormwater discharges.
      (3)   Basic Procedures.  
         A.    In order to receive NPDES credits, the non-single family property owner will need to submit an application, including application fee, right of entry easement, if applicable, and proof of valid NPDES permit and Stormwater Pollution Prevention Plan, if applicable. If approved the credit shall be placed on the appropriate stormwater bill.
         B.    The City Engineer or his designee shall investigate the status of the NPDES permit to determine if it is valid and appropriate.
         C.    If the NPDES permit is revoked or enforcement action is taken by the issuing authority, the City may
            1.   Require corrective action
            2.   Reduce the credit to a level comparable with the detention/retention provided
            3.   Revoke the credit and require repayment in accordance with Section 918.09.
   (g)    Economic Development Credit.
      (1)   General policies.
         A.   This program is available to all non-single family properties or part thereof.
         B.   Credits will be issued on a property by property basis.
         C.   In no case will the total credit amount be more than the cap identified in Section 918.13(l).
      (2)   Credits available. Economic Development credits may be granted to properties classified by the County Auditor on the most recent tax roll as Land Uses 200-299, 300-400, 404-1000 having commercial water service.
         A.   A 10% credit may be given for providing job opportunities in the City.
      (3)   Basis procedures.
         A.   In order to receive Economic Development credits, the non-single family property owner will need to submit an application, including application fee. If approved the credit shall be placed on the appropriate stormwater bill.
         B.   The City Engineer or his designee shall inspect the property prior to approving the credit to determine that the property falls under the appropriate land use code and periodically to insure that the proper land use code applies.
         C.   If inspections find that the property no longer falls within the applicable land use codes, the City may:
            1.   Revoke the credit and require repayment in accordance with Section 918.09.
   (h)   Phase In Credit.
      (1)   General policies.
         A.   This program is available to all non-single family properties with an Equivalent Residential Unit Calculation before credits of 50 ERU or greater.
         B.   Credits will be issued on a property by property basis.
         C.   In no case will the total credit amount be more than the cap identified in Section 918.13(l).
      (2)   Credits available. Phase in credits may be granted to properties receiving bills larger than 50 ERU before credits to allow budgeting for stormwater charges as follows:
         A.   A 15% credit may be given for billing cycles within the calendar year of 2004.
         B.   A 10% credit may be given for billing cycles billed within the calendar year 2005.
         C.   A 5% credit may be given for billing cycles billed within the calendar year 2006.
      (3)   Basic procedures.
         A.   In order to receive a Phase in credit, the non-single family property owner will need to submit an application, including application fee. If approved the credit shall be placed on the appropriate stormwater bill.
         B.   The City Engineer or his designee shall review the property impervious area calculations prior to approving the credit and periodically after the credit is issued to insure that the ERU calculation is 50 ERU or greater before credits.
         C.   If review finds that the property no longer meets the criteria for the credit, the City may:
            1.   Revoke the credit and require repayment in accordance with Section 918.09.
   (i)   Adjustments for the above credits will be made only to non-single family properties with an ERU greater than five (5) units.
   (j)   Credit applications will not be accepted from any property that has a delinquent utility account.
   (k)   Credits apply only to the non-single family property in which the activity applies. Credits may not be transferred to other properties.
   (l)   In no case shall the total amount of all credits issued under this Section exceed 50% of the stormwater bill for the property.
(Ord. 23-03. Passed 6-23-03; Ord. 53-04. Passed 9-27-04.)