(A) Definition. For the purpose of this section, an EQUIVALENT RESIDENTIAL UNIT (ERU) is defined as the amount of impervious area included upon an average residential property. Based on a study performed by the town’s consulting engineer it has been determined that an EQUIVALENT RESIDENTIAL UNIT equals approximately 6,685 square feet of impervious area. An IMPERVIOUS AREA refers to those surface areas of residential and nonresidential properties, which water will not penetrate and from which stormwater runoff will be produced.
(B) Residential property. All property deemed residential will be charged based upon one ERU in accordance with the following: monthly fee per ERU $6.30.
(C) Nonresidential users. The monthly stormwater fee is to be paid by each nonresidential user and shall be calculated based upon the total impervious area, divided by the average residential impervious area of 6,685 square feet, multiplied by the monthly fee per ERU established under division (B) above.
(D) Cemeteries. No fee shall be charged to cemeteries.
(E) Credit for reducing stormwater runoff. Nonresidential property owners that have made improvements to their lot or parcel that has resulted in a significant reduction in the amount of stormwater runoff may apply to the Stormwater Utility Board for a credit to be applied to their monthly bill. The credit shall only be allowed at the discretion of the Board pursuant to a standard that shall be established by a resolution by the Board and in no event shall the credit exceed 25%.
(F) Minimum and maximum rates. In no event shall a customer pay a monthly rate that is less than the rate per one ERU. In no event shall a customer pay a monthly rate that is more than $265 per month.
(G) Payment of bills; liens for unpaid bills.
(1) The collection of the fees authorized by this section may be effectuated through a periodic billing system or through a charge appearing on the semi-annual property tax statement of the affected property owner at the discretion of the Board for all properties subject to the fee.
(2) Stormwater user fee bills shall be payable within 15 days from the date of the bill and shall be paid at the Town Hall or mailed thereto. If a user fee is not paid within the 15-day grace period, the customer will be sent an overdue notice and a one-time 10% administrative charge shall be added onto the amount of the bill.
(3) Should it become necessary for the town to attach a lien on a property pursuant to I.C. 8-1.5-5-9 in order to collect an unpaid stormwater bill, the town shall assess a $15 penalty onto the amount of the bill, which shall compensate the town for the administrative costs of preparing and filing the lien. Such penalty will be included on the lien in addition to the recording costs charged to the town by the County Recorder’s office for recording and releasing the lien and any fees or charges assessed by the County Auditor for placing the lien on the tax records for the property. If the town contemporaneously places a lien against the same property for an unpaid garbage collection charge, pursuant to I.C. 36-9-23, only one $15 penalty shall be added to the total bill for the combined lien.
(Ord. 2005-04, passed 12-20-2005; Ord. 2007-06, passed 11-20-2007; Ord. 2010-06, passed 1-18-2011; Ord. 2017-02, passed 2-23-2017; Ord. 2021-01, passed 1-19-2021)