(a) Other than as provided in subsection (f), below, the number of ERUs charged against a Zoned Lot or Tract may be reduced, through the allocation of an ERU Credit, as a result of, and in recognition of, Private Runoff Control Measures being implemented and maintained for the benefit of the Zoned Lot or Tract that are in addition to those Surface Water Management Facilities and/or Improvements required by local zoning ordinances, local surface water regulations, County subdivision regulations, Summit Soil & Water Conservation District requirements, and any other local surface water management regulations. For each Zoned Lot or Tract in the Special Service Area that benefits from a Private Runoff Control Measure, the County Engineer shall calculate the number of ERU Credits that should be allocated to that Zoned Lot or Tract. The number of ERU Credits that are allocated to a Zoned Lot or Tract shall reduce the number of ERUs charged against that Zoned Lot or Tract under Section 942.13 of these Codified Ordinances, and the owner of the Zoned Lot or Tract shall only be billed, and shall only be obligated to pay, the difference between the number of ERUs charged against the Zoned Lot or Tract and the ERU Credits allocated to the Zoned Lot or Tract.
(b) The County Engineer shall notify in writing the owner of any Zoned Lot or Tract of the calculation of ERU Credits in the same manner and method and at the same time as required for the notification of the calculation of ERUs to be charged against the Zoned Lot or Tract, as set forth in Section 942.13 of these Codified Ordinances.
(c) At any time, the owner of any Zoned Lot or Tract that installs a new, or improves an existing, Private Runoff Control Measure that benefits that Zoned Lot or Tract may apply to the County Engineer for a calculation of ERU Credits to be allocated to that Zoned Lot or Tract. The County Engineer shall notify the owner in writing of his or her determination of the number of ERU Credits to be allocated to the Zoned Lot or Tract.
(d) In no event shall the number of ERU Credits allocated to a Zoned Lot or Tract reduce the total number of ERUs charged against that Zoned Lot or Tract below one (1) ERU.
(e) Any ERU Credit may be revoked if any condition to the granting of the ERU Credit no longer exists or the Private Runoff Control Measure is not properly maintained and functioning.
(f) Conventionally Developed Residential Property or Agricultural Property are not eligible for ERU Credits.
(g) Any owner of a Zoned Lot or Tract that receives a notice of the calculation of ERU Credits by the County Engineer under this Section may appeal the calculation in the manner and method set forth in Section 942.09 of these Codified Ordinances.
(Ord. 2022-191. Adopted 6-27-22.)