(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
IMPERVIOUS AREA. Real property that has been paved and/or covered with buildings and impervious materials which include, but are not limited to, concrete, asphalt, rooftop, blacktop and compacted gravel, such that the natural infiltration of water into the soil is prevented.
LOT/PARCEL. A part or portion of land having a distinct legal description that is formally set forth in a conveyance instrument.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, swales or storm drains):
(a) Owned or operated by a city, town, borough, county, parish, district, association or other public body (created by or pursuant to state law);
(b) Designed or used for collecting, conveying or otherwise managing or treating stormwater;
(c) Which is not a combined sewer; and
(d) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at Code of Federal Regulations, 40 CFR 122.2.
NON-IMPROVED PARCEL CUSTOMERS. All properties that do not contain a structure or impervious area.
RESIDENTIAL CUSTOMERS. A lot or parcel improved with a structure used primarily as a residence.
STORM SEWER. A sewer designed or intended to convey only storm water, surface runoff and drainage, and not intended for sanitary sewage and industrial wastes other than unpolluted cooling water. The portion of a sewer intended to carry storm water only, which begins at the grating or opening where water enters said sewer, through the sewer and any other conduits to the outlet structure where water enters a stream, lake, watercourse, ditch or combined sewer.
STORM WATER AND STORM WATER RUNOFF. The water resulting from rains falling or snow or ice melting within a tributary basin, flowing over the surface of the ground or collected in channels or conduits.
STORM WATER SYSTEM. All constructed facilities, structures and watercourses under the ownership and/or control of the town and/or the Storm Water Management Department, used for collecting, storing and conducting storm water to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, culverts, swales, retention and detention basins and pumping stations; and excluding therefrom, any part of the system of drains and watercourses under the jurisdiction of the LaPorte County Drainage Board or under ownership other than the town.
STORM WATER USER FEE. A charge imposed on users of the town's public storm water system.
STORM WATER CUSTOMER/USER. The owner of a lot or parcel of land located within the town.
(B) User fees. The town shall assign each owner of a parcel of real estate a classification as to whether such owner is a residential, non-residential, or non-improved parcel customer as to that parcel. Owners of parcels combined for real estate tax purposes shall only be charged one monthly fee. The owner of each parcel of real estate in the Town of Long Beach shall pay a monthly stormwater fee as follows: improved and non-improved parcels - $15 per month.
(C) Charges and user classes.
(1) Every user shall be charged for the services provided. These charges are established for each user class, as defined, in order that the Storm Water Management Department shall recover, from each user and user class, revenue which is relational to the property's use.
(2) User classes. The classes of users of the storm water collection system for purposes of this section shall be as follows: improved and non-improved parcels.
(3) Definitions. For purposes of this division, the definitions of these user classes shall be:
IMPROVED PARCELS. A lot or parcel improved with a structure used primarily as a residence.
NON-IMPROVED PARCELS. All properties that do not contain a structure or impervious area.
(4) Credits. Streets, roads and highways shall be given 100% credit as they form an integral part of the storm and surface water systems. The surface water control system incorporated in the design of roadways are areas that should be engineered to convey all design-storm runoff without street flooding. Primary elements of the drainage and storage systems yield community-wide benefits and are installed to service the general public's interest.
(D) Billings and terms of payment.
(1) Billings. All storm water user fees shall be charged and collected by means of the town's water bill and distributed to the Storm Water Management Department as such. The user fees prescribed in this section shall be collected through a charge appearing on the monthly water bill of each affected property owner of the district. The fees shall be imposed and first collected through the monthly water bill issued in the month after the passage of Ord. 2020-07 and continue monthly thereafter.
(2) Terms of payment. The storm water user fee shall be due on the same payment date as the due date stated on the town's water bill. It shall be a violation of this section to fail to pay a storm water user fee when due. All bills for storm water user fees not paid on or before the due date shall be subject to a collection or delinquent payment charge as imposed by the town's Clerk-Treasurer and shall be reflected on the town's water bill.
(3) Collection. Failure to pay a storm water user fee included in the town's water bill will result in a delinquency and a penalty of 10% of the unpaid storm water user fee shall be applied.
(Ord. 2020-06, passed 12-28-20; Am. Ord. 2020-07, passed 1-13-21)