(A) A stormwater utility user fee shall be imposed on all residential and non-residential property within the town, including those classified as non-profit or tax exempt, for services and facilities provided by the stormwater utility. This user fee is deemed reasonable and is necessary to pay for the repair, replacement, planning, improvement, operation, regulation and maintenance of the existing and future stormwater system for the town.
(B) For the purposes stated herein, there is hereby assessed a stormwater utility user fee to each stormwater utility user within the corporate limits of the town in an amount determined below. For purposes of imposing the stormwater utility user fee, all lots and parcels within the town are classified as either residential or non-residential.
(1) Residential. Each residential property is hereby assigned one ERU. A monthly user fee of $5 for each residential lot within the town shall be charged.
(2) Non-residential properties. A monthly user fee shall be charged for each non-residential property in a manner as set forth below.
(a) Large non-residential properties. Large non-residential properties constituting the usage of more than three ERUs shall be charged a monthly rate of $30 per month.
(b) Small non-residential properties. Properties utilizing three or less ERUs shall be charged a fee of $15 per month.
(C) The non-residential stormwater utility user fee shall be based on the relative contribution of surface and stormwater runoff from a given parcel to the town's stormwater system and shall be assessed per ERU per month. Any billings for stormwater service outside this time shall be on a per diem basis. This stormwater utility user fee rate is designed to recover and be able to pay the cost of rendering stormwater service to the users of the stormwater system, and shall be the basis for assessment of the town's stormwater utility user fee. This rate is established so as to maintain adequate fund reserves to provide for reasonably expected variations in the cost of providing services, as well as variation in the demand for services. This rate shall be evaluated annually as to its sufficiency to satisfy the needs of the stormwater utility. The following methods may be used to determine the non-residential user factors:
(1) Computation of the impervious area using on-site measurements of the apparent outside boundaries in or on such developed property made by the town or on its behalf; or
(2) Computation of the impervious area using the dimensions which are set forth and contained in the records of the office of the Hancock County Assessor or Sugar Creek Township Assessor; or
(3) Estimation, calculation and computation of the impervious area using aerial photography or photogrammertry, or as contained in the records of the town or county; or
(4) Computation of impervious area using data provided by the owner, tenant or developer. The authorized official may require additional information as necessary to make the determination.
(D) Residential erosion control plot plan review fees. It is hereby acknowledged that Ordinance No. 051805, the New Palestine Stormwater Management Ordinance, has heretofore been duly passed, Chapter 6, Section 4 of which (codified herein as § 33.088) provides for and requires the review of individual lots within a permitted project. The charge for review and inspection associated with the performance of said required review and inspection shall be $50 per lot which shall be paid at the time of the application for a building permit pertaining to said lot.
(E) Non-residential stormwater management ordinance compliance/inspection fee. It is hereby acknowledged that Ordinance No. 051805, the New Palestine Stormwater Management Ordinance, has heretofore been duly passed, Chapter 6, Section 2, Permit Procedures (codified herein as § 33.086), are set forth the requirements deemed necessary to constitute compliance with the New Palestine Stormwater Management Ordinance and inspection of approved and installed infrastructure. Pursuant to Chapter 6, Section 6 of the aforementioned Ordinance (codified herein as § 33.090), the fee for compliance review and inspection of the subject premises shall be $200. The total amount of said fees shall be calculated as set forth in Chapter 6, Section 6.B. of the aforementioned ordinance and shall be payable in accordance with said provision.
(Ord. 042016B, passed 5-18-2016)