(A) Credit availability.
(1) Residential. A credit to the storm water user fee imposed on residential parcels may be available, upon application to the department, for parcels that meet the following criteria:
(a) A single residential credit up to, but not more than, 25% is available to applicants who own and reside at a parcel and show that an approved storm water management facility has been constructed and effectively implemented on the parcel. Approved storm water management facilities eligible for the credit include:
1. Rain gardens;
2. On-site storm water storage; and
3. Vegetated filter strips.
(b) Application process. Details of the credit, including parameters and application procedures shall be set forth in the storm water credit manual.
(2) Nonresidential. A credit to the storm water user fee imposed on nonresidential property may be available, upon application to the department, for parcels that meet one or more of the following criteria:
(a) Location in relation to major waterway. Credit shall be granted for applicant owned storm water facilities based on the location of the property to a major waterway of the United States, if the property directly discharges its storm water to that waterway in compliance with all requirements of the code, the storm water specification manual, and state and federal regulations. Fall Creek shall be considered a major waterway for the purposes of this section. A 1% credit shall be granted from the total monthly storm water user fee for each 2% of the impervious area from the property that directly discharges to the major waterway.
1. Application process. Details of the credit, including parameters and application procedures shall be set forth in the storm water credit manual.
(b) Construction in compliance with or exceeding the storm water specification manual and the code. Credit shall be granted from the total monthly storm water user fee for applicant owned storm water facilities, such as retention/detention and water quality facilities, constructed either prior to the effective date or after the effective date of the storm water specification manual, if those facilities either meet or exceed:
1. The requirements of the storm water specification manual; and
2. The requirements of the code in effect at the time of construction.
(c) Two-tiered credit availability for construction in compliance with or exceeding the storm water specification manual and the code. Property owners of applicant owned storm water facilities, such as retention/detention and water quality facilities, eligible for credit under division (B) may, at their option, apply for either a Tier One or a Tier Two credit as set forth below. Details of the tier system and other matters relating to applying for and receiving credits shall be included in the storm water credit manual.
1. Tier One. Tier One credit is intended for construction of storm water management facilities that meet the requirements of the storm water specification manual and code. A 10% credit may be granted from the total monthly storm water user fee for a parcel having approved storm water facilities that meet the requirements of the storm water specification manual and code.
a. Application process. Detailed technical information shall be supplied by the owner and the owner's engineer. Such information shall include as-built data, routing the storm event for the two, ten, 25, and 100 year storm events, comparison of pre-development and post-development conditions, total storage volume and emergency spillway configuration. To receive a credit, storm water facilities must provide control to a pre-development level for all the above storm events. Water quality volume and post construction treatment data shall be supplied. Tier One credits shall be granted as provided in the storm water credit manual.
2. Tier Two. Tier Two credit is intended for construction of storm water management facilities that are designed and constructed to exceed the requirements of the storm water specification manual and code. A 30% credit may be granted from the total monthly storm water user fee for a parcel having approved storm water facilities that exceed the requirements of the storm water specification manual and code.
a. Application process. Detailed technical information shall be supplied by the owner and the owner's engineer. Such information shall include as-built data, routing the storm event for the two, ten, 25, and 100 year storm events, comparison of pre-development and post-development conditions, total storage volume and emergency spillway configuration. To receive a Tier Two credit, approved storm water facilities must provide both control to a pre-development level for all the above storm events and provide post construction storm water quality treatment that exceeds the requirements detailed in the storm water specification manual by 10%. A parcel may also qualify for storm water credits for drainage basins that are designed utilizing the Modified Rational Method, which is detailed in the storm water specification manual. Water quality volume and post construction treatment data shall be supplied. Tier Two credits shall be awarded as provided in the storm water credit manual.
(d) Additional water quality and/or quantity control. An additional water quality and/or quantity control credit is intended to utilize the construction of approved green infrastructure (infiltrative) practices to reduce overall storm water discharge volume from the property. An additional credit up to 20% may be granted for an approved plan and successful construction and implementation of green infrastructure (infiltrative) practices that reduce discharge volume.
1. Application process. Applicant must first qualify for either the Tier One or Tier Two credit to receive the additional water quality and/or quantity control credit. Final approved level of credit shall be based on an approvable plan that demonstrates the use of acceptable infiltrative practices approved by the department or the storm water specification manual. Submission shall include design plans and details and hydrologic and hydraulic calculations necessary for review. Credit shall be granted as provided in the storm water credit manual.
(e) Education credit. Education credit is intended to aid the department in the outreach and education compliance and reporting requirements of the National Pollutant Discharge Elimination System discharge permit. A credit up to 5% credit may be granted from the total monthly storm water user fee for a property owner implementing an approved storm water quality awareness and education lesson plan for elementary through high school classes. This credit is limited to state recognized schools using state licensed instructors.
1. Application process. Detailed lesson plan and implementation schedule shall be submitted to the department to determine eligibility for the education credit. The lesson plan shall be taught to elementary and middle school students by an instructor licensed by the State of Indiana. The application for credit may be submitted by an individual school or a school district or corporation. The credit shall be applied only to the BBUs of the educational building on the parcel where the instruction of the approved credit material takes place. Owner shall be required to submit reports regarding implementation of the plan on an annual basis to maintain the credit. Education credits shall be granted as provided in the storm water credit manual.
(3) All parcel owners may apply for and be eligible for credit under this section.
(4) The descriptions in this section of circumstances in which credit may be granted are not intended to be all inclusive. The storm water credit manual may allow credit for storm water facilities and circumstances not described in this section at the discretion of the department.
(5) The Board, upon recommendation from the department, shall approve a storm water credit manual. The department shall follow the provisions of the storm water credit manual in reviewing and acting upon applications for credit. Copies of the storm water credit manual shall be available from the department.
(6) Each credit granted shall be conditioned on the continuing compliance with the design, operation maintenance and reporting requirements of the code, the storm water specification manual and the requirements set forth in the most current City of Lawrence storm water credit manual.
(B) Credit procedures.
(1) Application for credit or an appeal of a credit determination shall not constitute a valid reason for non-payment of the storm water user fee for which a credit is being requested.
(2) Application for credit shall be made on forms provided by the department and shall be accompanied by the applicable application submittal fee.
(3) The Board, upon recommendation of the department, may set reasonable credit application submittal and review fees. Such fees shall be reasonably related to the cost of reviewing credit applications.
(4) Application and/or renewal submittal fees shall not exceed $450.00 per application and shall include up to three hours of review by the department. If an application requires more than three hours of review by the department, the applicant shall reimburse the department for such additional review time at a rate not to exceed $150.00 per hour.
(5) Application submittal fees and all review fees for the education credit shall not exceed a total of $300.00.
(6) The department shall be responsible for reviewing credit applications and shall provide a written determination of the credit application within 60 days of receipt of a complete credit application. The written determination shall set forth the effective date of the credit and any conditions applicable to receipt of an approved credit.
(7) Appeals of credit determinations shall follow the procedures set forth in § 2-4-3-4 of this article.
(C) Maximum credit, effective date, expiration and termination.
(1) The maximum total credit for any parcel shall be 50% of the storm water user fees assessed against the parcel.
(2) If granted by the department, a credit shall have an effective date as follow:
(a) For credit applications approved on or between January 1 and June 30, the effective date shall be July 1 of the same year; and
(b) For credit applications approved on or between July 1 and December 31, the effective date shall be January 1 of the following year.
(3) Credits approved by the department on or after the date of Council approval of the articles herein shall expire, unless earlier terminated as provided in division (4), three years from the effective date.
(4) Upon written notice to the property owner or other person designated by the property owner to receive such notice, the department may terminate a credit for good cause, including, but not limited to, the reasons set forth below. The department's termination of a credit may be appealed by following the review procedures set forth in § 2-4-3-4 of this article.
(a) At the written request of the owner;
(b) Property or land alteration that affects drainage or impervious area;
(c) Change of ownership;
(d) Failure to maintain facilities; and
(e) Failure to report as required.
(5) If a credit expires or is terminated, the property owner may submit a new or renewal credit application subject to all conditions herein.
(Ord. 16, 2020, passed 12-7-2020)