(A) Adjustments due to error or oversight.
(1) Request for adjustment of the storm water service charge shall be submitted in writing to the Town Engineer or their designee. Adjustments may be requested for errors or omissions on the customer's storm water service charge. All requests shall be judged on the basis of the number of dwelling units or amount of impervious area on the property.
(2) In the case of a storm water utility service fee adjustment requests related to the amount of impervious surface on a parcel, the appeal shall include a surveyed map of the parcel prepared by a registered land surveyor or professional engineer and showing all impervious areas as defined in § 51.05. The map shall be submitted in digital and hard copy from and shall contain a table summarizing total parcel area, impervious area, and any other features or conditions related to impervious area.
(3) Using information provided in the adjustment request, the Town Engineer or designee shall conduct a technical review of the conditions on the property and respond to the request in writing. The Town Engineer or designee may adjust the fee or credit as long as the adjustment is in conformance with the intent of this subchapter. At the conclusion of the review, the Town Engineer shall issue a written determination stating whether an adjustment to the storm water utility service fee or credit is appropriate, and if so the amount of such adjustment. Denial of a request for adjustment shall be appealable within ten calendar days to the Storm Water Management Advisory Committee, described in § 51.30, whose decision shall be final.
(4) All decisions of the Town Engineer or designee shall be served on the customer by mailing to the address provided in the request for adjustment.
(5) The Town Engineer or designee may make no adjustment to a customer's bill for more than the one-year period immediately preceding the date that the customer's adjustment request is received by the Town Engineer.
(6) No provision of this subchapter allowing for adjustment of storm water utility fee shall be deemed to suspend the due date of the fee with payment in full. Any adjustment to the storm water utility fee for the person pursuing an adjustment shall be made by refund of the amount affected.
(B) Credits.
(1) The town may provide a system of credits to reduce storm water service charges for properties on which storm water control measures substantially mitigate the peak discharge or runoff pollution flowing from such properties or substantially decrease the town's cost of maintaining the storm water management system. The Town Manager or his or her designee will develop written policies to implement the credit system and codify said policies. No credit will be authorized until the Town Council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the Town Clerk. The town's policies may make credits retroactive to the date storm water management service charges were initiated but not to exceed one year. Any bill charges requiring adjustments must be applied through the utility billing system. But no credit will be granted for more than one past year. Nothing shall prevent the Town Council from modifying the adopted system of credits, and such modifications may apply to holders of existing credits.
(2) Each credit allowed against the storm water management service charge is conditioned on the continuing proper operation, maintenance, and functioning of the storm water control measure as designed; credited storm water control measures must comply with all applicable laws, ordinances and regulations, and credits may be rescinded for noncompliance with these standards.
(3) Each credit for which a customer applies shall be subject to review and approval by the Town Manager or his or her designee. The Town Manager may approve or reject any application for a credit in whole or in part.
(4) Credits shall only be applied to developed lands containing the credited storm water control measure. For developments with common property containing credited storm water control measures such as townhouse developments, cluster unit developments, or condominiums, each dwelling unit shall be eligible for its equal pro rata share of the credit unless other arrangements for billing the storm water service charge are made.
(Ord. passed 6-25-2007)