§ 32.120 SERVICE CHARGE STRUCTURE AND CALCULATION.
   (A)   Generally. For the purposes stated in §§ 32.115 and 32.119, there is hereby assessed a stormwater service charge for each property owner owning land situated within the limits of the town, served by the town's sewage works, including property owners within the corporate boundaries of the Muncie Sanitary District, 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 records of the Delaware County Assessor. Impervious area of public rights-of-way and railroad lines (which shall not be deemed to include adjacent property, such as a railyard, operated by a railroad), will not be included in the determination of a stormwater service charge. In addition, the Board shall establish policies and procedures to make determinations whether commonly-owned, adjoining properties with separate plat or legal descriptions should be treated as a single parcel of land for purposes of calculating the stormwater service fees to be charged for such properties.
   (C)   Classification of property. All properties within the town, or served by the town sewage works, will be assessed a stormwater service charge based on equivalent residential unit (ERU), or a multiple thereof, with all properties having impervious area assigned at least one ERU (except as otherwise provided in division (E)), as follows:
      (1)   A monthly flat-rate charge for stormwater service rendered to residential properties shall be assessed to each residential property's parcel within the town limits. All residential properties are hereby assigned one ERU and a stormwater service charge as described in this subchapter and adjusted periodically.
      (2)   Other properties. Properties with impervious area other than residential properties will be assigned an ERU multiple based on the total amount of impervious area on the properly (measured in square feet and divided by 2,500 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 be no longer used for such purpose shall be cause for an adjustment of the stormwater service charge determined under this section. The property owner shall have the obligation of informing the Board of any such changes.
   (E)   Exceptions/exemptions. Agricultural properties with impervious area under State Land Use Codes 100 - 199, with the exception of those properties that qualify as residential property, shall be exempt from the assessment of stormwater service charges. Except for public rights-of-way, railroad lines and agricultural properties as defined herein, there shall be no exceptions or exemptions from the assignment of gross stormwater ERUs for any property with impervious area except that properties other than single-family residential parcels with impervious area of less than 500 square feet shall be exempted from the assignment of an ERU.
   (F)   Contractual billing and collection. The town may delegate the billings to the County Treasurer to be forwarded to customers semi-annually.
(Ord. 636, passed 3-30-2009)