(A) State law. I.C. 8-1.5-5 (“Act”) concerning storm water management systems is hereby adopted by the Town Council so as to make the Act and any and all amendments thereto effective and operative in the town.
(B) Department established. Pursuant to the Act, a Department of Storm Water Management of the town shall be and hereby is created for the purpose of implementing capital improvements and conducting operation and maintenance activities for the Department in fulfilling the storm water requirements of the town and to comply with Rule 13, 327 I.A.C. 15-13 and all applicable federal and state laws and regulations regarding storm water. The Department shall have full power and authority to take any and all actions authorized and provided in the Act.
(C) Board of Directors.
(1) Number. Pursuant to the Act, the Department of Storm Water Management shall be controlled by a Board of Directors, which shall consist of three Directors appointed by the President of the Town Council. Not more than two of the Directors may be members of the same political party and one of the Directors shall be a member of the Town Council.
(2) Term. The initial terms of the first Board of Directors appointed pursuant to this section shall be staggered in the following manner: one Director shall serve a term consisting of the remainder of 2010 and all of 2011, which term will end as of 12-31-2011; one Director shall serve a term consisting of the remainder of 2010 and all of 2011 and 2012, which term will end as of 12-31-2012; and one Director shall serve a term consisting of the remainder of 2010 and all of 2011, 2012 and 2013, which term will end as of 12-31-2013. After these initial terms, the terms of all of the Directors shall be for a period of three years.
(3) Citizens’ Advisory Committee. The Council hereby establishes as an adjunct part of the Department’s Board of Directors a Citizens’ Advisory Committee. Such Committee shall consist of not less than three, nor more than seven, members, which members shall be appointed by the Town Council. The Committee shall have at least one member representative of or primarily from each of an agricultural area, a residential area and a commercial area. As the Committee is advisory in nature to the Board, the members shall not have set terms and it shall be constituted for a period of time as and when needed when the Board is determining or considering the charges, fees, rates and rate appeals to be charged or considered by the Department. The Committee’s function shall be to advise the Board on the charges, fees, rates and rate appeals to be established or considered by the Board, and any other matters deemed necessary, for the Department to carry out the storm water utility’s functions as proscribed in the Act and this section.
(D) Policies and procedures. Prior to the imposition of any user fee, the Board will adopt policies and procedures for the Department to include, without limitation, powers, officers, definitions, charges, fees, rates, appeals, assessment, billing and collections, enforcement and penalties.
(E) Special taxing district. Pursuant to the Act, there is hereby created a special taxing district, which shall include all of the territory within the corporate boundaries of the town for the purposes set forth in the Act.
(F) Account. All revenues earned and fees collected for storm water service shall be deposited in an account entitled “Town of Zionsville Storm Water Revenue Fund”. Funds from this account shall not revert to any other town utility or the General Fund of the town.
(G) Budget. The Board of Directors shall prepare a budget for the operation of the Department on an annual basis, which budget shall be subject to approval by the Town Council. Any issuance of bonds or other funding methods for making capital improvements by the Department shall be approved by the Town Council as provided by the Act.
(H) Appeals. The Board of Directors shall establish an appeal process for property owners that question the accuracy of the ERU multiple assigned to the property of such owner in light of the amount of impervious area contained on the property. The Board of Directors shall develop and promulgate policies and procedures to resolve any such contests, including, as determined necessary, conducting hearings and making determinations with respect to the measurement of impervious area contained on any property.
(Ord. 2010-08, passed 9-7-2010)
Editor's Note:
Ordinance 2020-09 established the Department of Public Works and combined the existing Street Department, Stormwater Department and Wastewater Department into the new Department of Public Works. See Department of Public Works, § 31.22.