(A) Generally. For the purposes stated in § 53.151 and § 53.155, there is hereby assessed a stormwater user fee for each property situated within the corporate limits of the town, served by the town's stormwater system, and also located within the corporate boundaries of the town that contributes directly or indirectly to the stormwater system of the town, in an amount as determined below.
(B) Impervious area. For any such property, lot, parcel of land, building or premises which contribute directly or indirectly to the stormwater system of the town, such charge shall be based upon the quantity of impervious area situated thereon as measured on the most recent aerial maps available from the best and cost-effective source, or as amended through the issuance of building permits by the town. Impervious area of public rights-of-way and railroad lines (which shall not be deemed to include adjacent property, such as a rail yard, operated by a railroad), will not be included in the determination of a stormwater user fee: provided, however, that this provision does not exempt operated railroad lines and other railroad property.
(1) The Administrator or his or her designee may make determinations whether commonly owned, adjoining properties with separate plat or legal descriptions, with the same classification of property, should be treated as a single parcel of land for purposes of calculating the stormwater user fees to be charged for such properties.
(2) The Administrator or his or her designee may also make impervious area determinations in special cases where stormwater is substantially retained on the property by the property owner for purposes, such as recreational and manufacturing. Retention and/or detention of stormwater for ascetic or stormwater control purpose will not be considered a special case.
(3) Property owners may appeal the Town Planning Department staff determinations to the Board.
(C) Classification of property. All properties within the town, or served by the town stormwater system, will be assessed a Stormwater User fee based on Equivalent Residential Unit (ERU), or a multiple thereof, except as otherwise provided in division (E) herein. Properties shall be classified as determined by the current version of Indiana Department of Local Government Finance Real Property Assessment Manual, as may be updated periodically. The assessment of ERU shall be as follows:
(1) A monthly flat-rate charge for stormwater service rendered to residential and agricultural homestead properties shall be assessed to each residential property's parcel within the town limits. This base unit shall apply to all parcels designated by State Property Class Codes 500 through 599. All residential properties are hereby assigned one ERU and a Stormwater User fee as described in this subchapter and adjusted periodically.
(2) Other properties. Properties other than residential properties will be assigned an ERU multiple based on the total amount of impervious area on the property (measured in square feet and divided by 3,842 square feet. ERU multiples shall be rounded to the nearest whole integer.
(D) Land alterations. The issuance of any building permit or other action which results in a land alteration of a property other than residential properties or a property that currently only contains residential properties but will no longer be used for such purpose shall be cause for an adjustment of the stormwater user fee determined under this section. The property owner shall have the obligation of informing the Board of any such changes.
(E) Exceptions/exemptions. Except for (1) public rights-of-way; (2) parcels owned by the Town of Pendleton, Pendleton Community Library, Pendleton Fire Department, Fall Creek Township, Falls Park, and Madison County; and (3) parcels less than 2,000 square feet, there shall be no exceptions or exemptions from the assignment of stormwater ERU(s).
(F) Discounts. Parcels designated by State Property Class Codes 600-699 (Tax Exempt Properties (including churches and religious organizations, schools, and state, local and federal government)) may be discounted 80% of the total assessment of stormwater user fee(s) by the Board, but in all cases the user fee shall not be less than 1 ERU.
(Ord. 2021-01, passed 2- -21; Am. Ord. 21-07, passed 3-11-21)