(A) State law. I.C. 8-1.5-5 (“Act”) concerning Stormwater Management Systems is adopted by the Town Council, so as to make the Act and any and all amendments thereto effective and operative in the town.
(B) Department established. Pursuant to the Act, a Department of Stormwater Management of the town is created for the purpose of implementing capital improvements and conducting operation and maintenance activities for the Department in fulfilling the stormwater requirements of the town and to comply with Rule 13 and all applicable federal and state laws and regulations regarding stormwater. The Department shall have full power and authority to take any and all actions authorized and provided in the Act.
(C) Board of Directors.
(1) Number. Pursuant to the Act, the Department of Stormwater Management shall be controlled by a Board of Directors, which shall consist of three Directors appointed by the Town Council. One of the directors shall be a member of the Town Council.
(2) Term. The initial terms of the first Board of Directors appointed pursuant to this section shall be staggered in the following manner: one Director shall serve a term consisting of the remainder of 2015 and all of 2016, which term will end as of December 31, 2016; one Director shall serve a term consisting of the remainder of 2015 and all of 2016 and 2017, which term will end as of December 31, 2017; and one Director shall serve a term consisting of the remainder of 2015 and all of 2016, 2017 and 2018, which term will end as of December 31, 2018. After these initial terms, the terms of all of the Directors shall be for a period of three years.
(3) Policies and procedures. Prior to the imposition of any user fee, the Board will adopt policies and procedures for the Department to include, without limitation, powers, officers, definitions, charges, fees, rates, appeals, assessment, billing and collections, enforcement and penalties.
(D) Special taxing district. Pursuant to the Act, there is hereby created a special taxing district, which shall include all of the territory within the corporate boundaries of the town, for the purposes set forth in the Act.
(E) Account. All revenues earned and fees collected for storm water service shall be deposited in an account entitled “Town of Oolitic Stormwater Revenue Fund.” Funds from this account shall not revert to any other town utility or the general fund of the town.
(F) Budget. The Board of Directors shall prepare a budget for the operation of the Department on an annual basis, which budget shall be subject to approval by the Town Council. Any issuance of bonds or other funding methods for making capital improvements by the Department shall be approved by the Town Council as provided by the Act.
(G) Appeals. The Board of Directors shall establish an appeals process for property owners that question the accuracy of the ERU multiple assigned to the property of such owner in light of the amount of impervious area contained on the property. The Board of Directors shall develop and promulgate policies and procedures to resolve any such contests, including, as determined necessary, conducting hearings and making determinations with respect to the measurement of impervious area contained on any property.
(Ord. 04-2015, passed 9-28-2015)