Chapter 12.25
STORM WATER MANAGEMENT Revised 12/24
Sections:
12.25.010 Definitions. Revised 12/24
12.25.020 Storm water utility billing. Revised 12/24
12.25.030 Storm water utility user fee. Revised 12/24
12.25.040 User fee structure. Revised 12/24
12.25.050 Billings and terms of payment. Revised 12/24
12.25.060 Exempt properties. Revised 12/24
12.25.070 Appeals of fee determinations. Revised 12/24
12.25.080 Compatibility of provisions. Revised 12/24
12.25.010 Definitions. Revised 12/24
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. They shall be complementary to and not contradictory of the definitions set forth in this section.
“Board” means the board of sanitary commissioners of the sanitary district of Highland, Indiana, or any duly authorized officials acting on its behalf.
“Code” means the town of Highland Municipal Code.
“County regulated drain” means part of the storm water conveyance system under the jurisdiction of the Lake County drainage board, including certain ditches, tiles, and sewers.
“District” means the sanitary district of Highland, acting by and through its board of sanitary commissioners.
“Drain” means any separated storm sewer, tile, ditch, stream, swale or other storm water conveyance, channel or conduit.
“Exempt drain” means drains that are regulated by the Lake County drainage board.
“Impervious area” means real property that has been paved and/or covered with buildings and impervious materials which include, but are not limited to, concrete, asphalt, rooftop, blacktop and compacted gravel, such that the natural infiltration of water into the soil is prevented.
“Infiltration” means a process by which storm water percolates into the ground.
“Lot/parcel” means a part or portion of land having a distinct legal description that is formally set forth in a conveyance instrument.
“Property class code” means a three-digit land use code number generated from the Lake County assessor’s office used to differentiate properties’ use and primary purpose. For purposes of the town’s storm water utility user fee, this property class code will be used to determine each parcel’s monthly user fee.
“Public storm water facilities” means the various storm water and drainage works under the control and/or ownership of the town and/or the district, Lake County, state of Indiana or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, swales or other structural components and equipment designed to transport, move, hold, treat or regulate storm water.
“Retention” means the holding of storm water runoff in a constructed basin or pond or in a natural body of water without release except by means of evaporation, infiltration or emergency bypass.
“Sewage works” shall have the same meaning as defined in IC 36-9-1-8.
“Storm sewer” means a sewer designed or intended to convey only storm water, surface runoff and drainage, and not intended for sanitary sewage and industrial wastes other than unpolluted cooling water. The portion of a sewer intended to carry storm water only, which begins at the grating or opening where water enters said sewer, through the sewer and any other conduits to the outlet structure where water enters a stream, lake, watercourse, ditch or combined sewer.
“Storm water” and “storm water runoff” mean the water resulting from rains falling or snow or ice melting within a tributary basin, flowing over the surface of the ground or collected in channels or conduits.
“Storm water system” means all constructed facilities, structures and watercourses under the ownership and/or control of the town and/or the district, used for collecting, storing and conducting storm water to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, culverts, swales, retention and detention basins and pumping stations; and excluding therefrom any part of the system of drains and watercourses under the jurisdiction of the Lake County drainage board or under ownership other than the town and/or the district.
“Storm water utility customer/user” means the owner of a lot or parcel of land located within the town of Highland and/or the district.
“Storm water utility user fee” means a charge imposed on users of the town’s and/or the district’s public storm water facilities and storm water system.
“Superintendent” means the public works director or a designee acting as the administrative leader of the utility.
“Town” means the town of Highland, Indiana, acting by and through its town council. [Ord. 1785 § 1, 2023].
12.25.020 Storm water utility billing. Revised 12/24
A storm water utility user fee shall be imposed on real estate parcels and lots in the town and/or the district based on the Lake County property class code for real property within the town and/or the district, according to the service address for each parcel or lot’s taxpayer ID number, which charge shall be assessed against the owner thereof who shall be considered the storm water utility customer/user. [Ord. 1785 § 1, 2023].
12.25.030 Storm water utility user fee. Revised 12/24
The storm water utility user fee set forth in this chapter, together with the taxes levied under IC 36-9-25 et seq., must at all times be sufficient to produce revenues sufficient to pay operation, maintenance, and administrative expenses of the sanitary district and sewage works, to pay the principal and interest on bonds of the sanitary district and sewage (storm water/wastewater) works as they become due and payable, and to provide money for the revolving fund authorized. [Ord. 1785 § 1, 2023].
12.25.040 User fee structure. Revised 12/24
For the period beginning January 1, 2024, and continuing thereafter, the following fees and charges are in effect:
For the purposes stated herein, there is hereby assessed a storm water utility user fee to each storm water utility customer/user within the corporate limits of the town and/or the district in an amount as determined pursuant to the table below. Properties within the town and/or the district will be assigned the following monthly user fees:
|
Property Class Code |
Description |
Monthly Fee |
|---|---|---|
|
100 – 199 |
Agriculture |
|
|
|
Category 1 (0.0000 – 20.0000 acres) |
$8.00 |
|
|
Category 2 (Over 20.0000 acres) |
$16.00 |
|
300 |
Industrial Vacant Land |
$8.00 |
|
301 – 399 |
Industrial |
|
|
|
Category 1 (0.0000 – 0.2500 acres) |
$16.00 |
|
|
Category 1 (0.2501 – 0.7500 acres) |
$64.00 |
|
|
Category 1 (0.7501 – 2.2500 acres) |
$192.00 |
|
|
Category 2 (Over 2.2500 acres) |
$320.00 |
|
400 |
Commercial Vacant Land |
$8.00 |
|
401 – 499 |
Commercial |
|
|
|
Category 1 (0.0000 – 0.3000 acres) |
$16.00 |
|
|
Category 1 (0.3001 – 0.9000 acres) |
$64.00 |
|
|
Category 1 (0.9001 – 2.7000 acres) |
$192.00 |
|
|
Category 2 (Over 2.7000 acres) |
$320.00 |
|
500 |
Residential Vacant Land |
$8.00 |
|
501 – 515 |
Residential One Family |
$16.00 |
|
520 – 525 |
Residential Two Family |
$32.00 |
|
530 – 535 |
Residential Three Family |
$48.00 |
|
550 |
Residential Condo |
$16.00 |
|
599 |
Other Residential Structures |
$16.00 |
|
600 – 699 |
State, County, Municipal, Township, School, Library, Church, Cemetery and Other Exempt Properties |
|
|
|
Category 1 (0.0000 – 1.2000 acres) |
$16.00 |
|
|
Category 1 (1.2001 – 3.6000 acres) |
$64.00 |
|
|
Category 1 (3.6001 – 10.8000 acres) |
$192.00 |
|
|
Category 2 (Over 10.8000 acres) |
$320.00 |
|
800 – 875 |
Utility, State Assessed LHP, Railroad, Pipeline and Telephone |
|
|
|
Category 1 (0.0000 – 2.4000 acres) |
$16.00 |
|
|
Category 1 (2.4001 – 7.2000 acres) |
$64.00 |
|
|
Category 1 (7.2001 – 21.6000 acres) |
$192.00 |
|
|
Category 2 (Over 21.6000 acres) |
$320.00 |
The board will re-evaluate the fee schedule if there is a new property class code added to the assessments in the town and/or the district. As new property class codes are added, an appropriate user fee will be set and charged. [Ord. 1785 § 1, 2023].
12.25.050 Billings and terms of payment. Revised 12/24
(A) Billings. All storm water utility user fees shall be charged and collected by means of the Lake County treasurer’s property tax bill and distributed to the storm water utility as such.
(B) Terms of Payment. The storm water utility user fee shall be due on the same payment date as the due date stated on the Lake County treasurer’s tax bill. It shall be a violation of this chapter to fail to pay a storm water utility user fee when due. All bills for storm water user fees not paid on or before the due date shall be subject to a collection or delinquent payment charge as imposed by the Lake County treasurer and shall be reflected on the Lake County treasurer’s tax bill.
(C) Collection. Failure to pay a storm water utility user fee included in the Lake County treasurer’s tax bill may result in property and/or land being made eligible for the Lake County treasurer’s tax sale. Delinquent storm water utility user fees may be collected in a civil action by the town and/or the district or Lake County treasurer, and the town and/or the district or Lake County treasurer shall be permitted to also collect its reasonable attorney’s fees and court costs incurred in connection with such collection efforts. [Ord. 1785 § 1, 2023].
12.25.060 Exempt properties. Revised 12/24
(A) Federal State, Town and County Roadways. Streets, roads and highways and bike paths owned by federal, state, town and/or county authorities shall be exempt from the storm water utility user fee. They form an integral part of the storm water system. These primary elements of the drainage system yield community-wide benefits and are installed to service the general public’s interests. [Ord. 1785 § 1, 2023].
12.25.070 Appeals of fee determinations. Revised 12/24
If a storm water utility customer/user determines that the user fee assigned to said user’s real property is incorrect due to an error in the property’s classification code, said storm water utility customer/user shall have the right to appeal.
(A) The storm water utility customer/user shall obtain and complete a petition to appeal storm water assessment form (“petition”) which, after being fully completed, shall be returned to the town of Highland clerk-treasurer together with any documentation supporting the appeal.
(B) The superintendent shall investigate the appeal and, upon review thereof, shall render a written determination to the board and the storm water utility customer/user that either the original user fee determination should be affirmed, or the storm water utility user fee should be adjusted in accordance with the petition.
(C) If a petition to appeal is denied, said determination shall be forwarded to the storm water utility customer/user by certified mail, return receipt requested. The storm water utility customer/user shall then have 30 days from the date of mailing of said determination to request reconsideration of the superintendent’s decision by the board. Any additional facts concerning the appeal shall be submitted in writing to the board, along with a copy of the original petition and supporting documents. The superintendent shall submit a written report to the board regarding the reasons for the superintendent’s determination in the case, along with any documents used in denying the appeal.
(D) Thereafter, the board shall review all documentation and, if requested in writing by the storm water utility customer/user, conduct a hearing to determine and resolve the appeal. Such hearing will be scheduled by the board and the storm water utility customer/user will be notified by certified mail of the date of such hearing, which notice shall be received by the storm water utility customer/user at least seven days prior to the date of such hearing. Whether or not a hearing is held, a written opinion shall be rendered by the board within 45 days after the hearing or submission of documentation if no hearing is conducted. The written opinion of the board shall constitute the final determination of the district. The hearing before the board shall be electronically recorded and, if requested by the storm water utility customer/user, a transcript of the hearing shall be provided to the storm water utility customer/user. The storm water utility customer/user will be charged a cost per page as from time to time determined by the board in accordance with applicable law as amended from time to time.
(E) A storm water utility customer/user aggrieved by the final board determination shall have the right to judicial review of such determination in accordance with applicable Indiana law. Any judicial review must be filed with a court of competent jurisdiction within 30 days of the date of the board’s determination.
(F) If a reduction is ordered by the board or any court of competent jurisdiction, the storm water utility customer/user shall be credited accordingly for any overpayment made from the date of the petition.
(G) Dispute or appeal of a user fee shall not be a valid reason for nonpayment of the originally assessed storm water utility user fee by the storm water utility customer/user. [Ord. 1785 § 1, 2023].
12.25.080 Compatibility of provisions. Revised 12/24
The provisions of this chapter shall be considered a companion to the rates and charges as well as the associated rules and regulations in effect for the waste water management function of the district. [Ord. 1785 § 1, 2023].