(A) Severability.
(1) The invalidity of any section, sentence, clause, division, part or provision of this chapter shall not affect the validity of any other section, sentence clause, division, part or provision of this chapter, which can be given meaning without such invalid part or parts.
(2) All ordinances or parts of ordinances of the town in conflict herewith are repealed.
(B) Stormwater user fee. A stormwater user fee shall be imposed on each and every lot and parcel of land within the District which directly or indirectly contributes to the stormwater system of the District, which charge shall be assessed against the owner, who shall be considered the user for the purposes of this chapter. This charge is deemed reasonable and is the minimum necessary to pay for the repair, replacement, planning, improvement, operation, regulation and maintenance of the existing and future town stormwater system.
(C) Stormwater user fee establishment procedures.
(1) Each property or parcel assigned a separate tax identification number shall be individually subject to a stormwater user fee.
(2) For each parcel that directly or indirectly contributes to the stormwater system of the District, the stormwater user fee charge shall be based on the presence of and/or measure of impervious surface area on the parcel or property.
(3) Each parcel of property shall be classified as either residential or non-residential. The Board is authorized to establish the classification of an individual parcel or property based upon its primary use, and as defined in § 53.02.
(4) This stormwater user fee is designed to recover the cost of rendering stormwater service to the users of the stormwater system and shall be the basis for assessment of the District’s stormwater service charge. This rate is further designed to maintain adequate reserves to provide for reasonably expected variations in the cost of providing services, as well as variations in the demand for services.
(5) This rate shall be evaluated annually by qualified professionals as to its sufficiency to satisfy the needs of the District and an evaluation report shall be provided to the Board no later than December 31 of each year.
(D) Stormwater user fee structure and calculations.
(1) For the purposes stated in this chapter, there is hereby assessed a stormwater user fee to each user located within the District who contributes directly or indirectly to the stormwater system, in the amount defined below.
(2) The District hereby establishes than an ERU shall be based upon 3,400 square feet of ISA.
(3) All properties having impervious surface area within the District shall be assigned an ERU, or multiple thereof, with all properties having impervious area assigned of at least one ERU.
(4) Residential properties. Residential properties shall be assessed a monthly user fee of one ERU at a rate of $5.
(5) Non-residential properties. The total impervious surface area of each non-residential property shall be individually calculated. Non-residential properties shall be assessed a monthly rate for stormwater service based upon the total number of ERUs that encompass the measured impervious surface area on the individual property. The calculation to determine the total number of ERUs for a non-residential property shall be completed by dividing the total square footage of measured impervious surface area for a property by 3,400 square feet. The division shall be calculated to the first decimal place. Total ERUs shall not be less than one for any non-residential property containing measurable surface area.
(a) Only whole ERUs shall be used in determining the assignment of gross ERUs to a property. All rounding necessary to reach the appropriate whole ERU shall be done according to mathematical convention (0 to 0.4 rounded down to the nearest whole ERU; 0.5 to 0.9 rounded up to the nearest whole ERU).
(b) Non-residential properties shall be billed based upon the following rates:
1. The first 20 ERUs shall be billed at a monthly rate of $5/ERU.
2. Any ERUs above 20 shall be billed at a monthly rate of $3/ERU.
(E) Billings and terms of payment.
(1) Billings. Stormwater user fee levied pursuant to this chapter shall be in effect from August 1, 2015, and shall be due and payable on or before the dates shown on the billing statement.
(2) Terms of payment. The stormwater user fee shall be due on the payment date set out on the bill. It shall be a violation of this chapter to fail to pay a stormwater service bill when due. All bills for stormwater services not paid on or before the due date, which due date shall be approximately 15 days after the bill is rendered, shall be subject to a collection or deferred payment charge of 10% on outstanding balance. Payments returned for nonsufficient funds (“NSF”) shall be subject to a NSF fee of $20.
(3) Payment priority. Partial payments shall be applied in this order:
(a) Any NSF fee on the account;
(b) Any late fees on the account;
(c) Past due balances;
(d) Current balances.
(4) Collection. Delinquent stormwater service charges and applied penalties, recording fees, and service charges may be made a lien upon property and may be collected in accordance with the provisions of IC 8-1.5-5-29, IC 8-1.5-5-30, and IC 8-1.5-5-31. Delinquent stormwater service charges may also be collected in a civil action along with reasonable attorneys’ fees and court costs.
(F) Appeals of stormwater user fee. If, in the opinion of any user, the ERU multiple assigned to his or her property is inaccurate in light of the amount of impervious surface area found on the property, the user shall have the right to contest the ERU determination and thus the rate assessed in the following manner:
(1) The user shall obtain and complete a petition to appeal stormwater rate and return it to the Stormwater Department with verifiable documentation supporting the user’s claim.
(2) The Stormwater Department shall investigate the user’s claim and, upon review thereof, shall render a written determination within 60 days. The user and the Stormwater Department shall have the opportunity to submit additional written documentation in support of each position prior to the meeting. The Board shall conduct a hearing on the dispute and issue a determination which shall be binding on the Stormwater Department. The hearing shall be electronically recorded and a transcript of the hearing provided upon request at a cost per page as determined by the Town Clerk.
(3) A party or person aggrieved by the final Board determination shall have the right to judicial review of the determination in accordance with state law.
(4) If the Stormwater Department recommends that the user’s rate be reduced, or reduction is ordered by the Board or court of law, the user shall be credited accordingly for any overpayment made from the date of the petition.
(5) Dispute or appeal of an ERU determination for the stormwater user fee shall not be a valid reason for non-payment of the originally assessed stormwater user fee by the user.
(G) Stormwater user fee credit program. (Reserved for future use.)
(H) Stormwater Management Fund. All revenues earned and stormwater user fees collected for stormwater service, including but not limited to drainage service charges, permit and inspection fees, direct charges and interest earnings on any unused funds shall be deposited in an account entitled “Town of Sheridan Stormwater Revenue Fund” and shall be subject to the provisions of IC 36-9-23, as amended from time to time. Disbursements from the Stormwater Revenue Fund shall be authorized by the Board and, as required by law, by the Town Council. Such disbursements shall be used exclusively for the operation, maintenance and improvement of the Town of Sheridan’s stormwater system. Funds from this account shall not revert to any other town utilities or the general fund of the town and may not be transferred for any other purpose. To the extent that there are outstanding revenue bonds of the town issued pursuant to the provisions of IC 36-9-23, as amended from time to time, revenues deposited in the Stormwater Revenue Fund shall be subject to the covenants contained in the ordinance or ordinances authorizing such outstanding bonds.
(I) Exemptions. The following areas shall not be considered impervious surface area for the purpose of calculating stormwater service charges:
(1) Public roadways (including federal, state, county and city);
(2) Public sidewalks and/or trails located within the right-of-way or sidewalk easement;
(3) Public airport runways and taxiways;
(4) Railway beds, ties and rails; and
(5) Open water.
(Ord. 2015-6-2, passed 6-25-15)
Cross-reference:
Other town funds, see Ch. 34