CHAPTER 5.09:
SEWERS – STORMWATER MANAGEMENT
Section
5.09.020 Provisions for stormwater and drainage
5.09.040 Billing and collection of stormwater user fees
5.09.010 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
COMBINED RESIDENTIAL/BUSINESS PROPERTY. A residential property in which business is regularly conducted on the property. “Business” shall mean an act or means of providing goods or services for compensation. For example, and not by way of exclusion, a residential property that conducts accounting services in the home on a regular basis shall be classified as a combined residential/business property.
DEPARTMENT. The Department of Stormwater Management established by the City.
DISTRICT. The City of Southport Stormwater Management District.
EQUIVALENT RESIDENTIAL UNIT (ERU). The average amount of impervious surface area for a single-family residential property located within the corporate limits of the City. The ERU for the City is 4,440 square feet, and shall be used in calculating user fees for nonresidential property and combined residential/business properties.
IMPERVIOUS SURFACE AREA. The horizontal surface area of property covered with materials that include, but are not limited to, concrete, asphalt, rooftop, blacktop, gravel and stone, such that the infiltration of stormwater is prevented or impeded. The total amount of impervious surface area located on a property without regard to topographic features of the property is included. Driveways, roadways, parking lots and other areas used for vehicular traffic are considered impervious surface areas. Undisturbed land, tilled agricultural land, ponds, lawns and fields are not considered impervious surface area.
INFILTRATION. The process of allowing runoff to penetrate the ground surface and flow through the upper soil surface.
MULTIFAMILY PROPERTY. A multifamily property containing three or more residential units shall be classified as a nonresidential property for the purposes of the District. Those containing one or two units shall be classified as a residential property.
NONRESIDENTIAL PROPERTY. All properties not categorized as residential properties. Nonresidential properties include, but are not limited to, the following:
(1) Agricultural property.
(2) Businesses.
(3) Churches and other places of religious affiliation.
(4) Commercial property.
(5) Community centers.
(6) Federal, state and local government property.
(7) Hospitals, clinics and medical centers.
(8) Industrial property.
(9) Multifamily properties which contain three or more units.
(10) Mobile home parks that are operated as a business in which the business owner rents or leases mobile homes to tenants.
(11) Retirement centers and nursing homes.
(12) Schools, colleges and universities.
(13) Properties whose primary function is not as a single-family residence.
(14) Common areas of residential developments including, but not limited to, private streets and parking lots, recreational areas, office areas, maintenance areas and all other areas not occupied by residential units.
RESIDENTIAL PROPERTY. A lot or parcel on which a building or mobile home is situated in which a single family resides, or on which one or two residential units is located. See, however, the definition for “nonresidential property” regarding mobile home parks and properties not primarily residential in function.
STORMWATER SYSTEM. All facilities and conveyances subject to the control of and/or under the ownership of the City used for collecting and conveying stormwater to, through and from drainage areas to the point of final outlet, including, but not limited to, inlets, conduits and appurtenant features, pipes, pumping stations, manholes, structures, channels, outlets, creeks, catch basins, ditches, streams, culverts, retention or detention basins and other structural components and equipment that transport, move or regulate stormwater. The system includes public streets, roads, alleyways and highways.
STORMWATER USER. The owner of a lot or parcel of residential property, nonresidential property or combined residential/business property within the City. (Ord. 15.10.06, passed 12-21-2015)
5.09.020 PROVISIONS FOR STORMWATER AND DRAINAGE.
(A) Stormwater system operation. The City shall operate its stormwater system under the control of the Common Council pursuant to the provisions of IC 8-1.5-5. The Common Council shall be responsible for the management of the stormwater system and will fund stormwater management activities by charging user fees to the stormwater user of each property containing impervious surface area within the corporate limits of the City.
(B) Policies and procedures. Policies and procedures for the Department for determining impervious surface area, establishing the equivalent residential unit (ERU) and multiplier for stormwater users and for the billing and collection of user fees may be established, reviewed and revised by the Common Council from time to time.
(C) Assessment of user fees. All residential properties will be charged a uniformly applied user fee equal to one ERU as established herein. User fees for nonresidential properties and combined residential/business properties will be based upon the amount of impervious surface area contained within the property. The amount of impervious surface area for each property in the City has been determined based upon Marion County GIS mapping data. Public right-of-way is exempt from the user fee.
(D) Compliance with other ordinances, statutes, and regulations. User fees do not relieve any property owner from compliance with other ordinances of the City or Marion County or other applicable state or federal laws, rules and regulations. (Ord. 15.10.06, passed 12-21-2015)
5.09.030 STORMWATER USER FEES
(A) Residential property stormwater user fee. The monthly user fee is uniform for all residential properties which are assigned one ERU. The monthly user fee for one ERU will be increased commencing as follows:
(1) $6.00 as of 07/01/2019.
(2) $6.50 as of 01/01/2020.
(3) $7.00 as of 01/01/2021.
(4) $7.50 as of 01/01/2022.
(5) $8.00 as of 01/01/2023.
(B) Nonresidential and combined residential/business property stormwater user fee. The monthly user fee for a nonresidential property and combined residential/business property is determined using an ERU multiplier, which is calculated by dividing the total impervious surface area within the property by the base ERU of 4,440 square feet. This method allows for the nonresidential or combined residential/business property user fees to be based upon the amount of impervious surface area within the property as compared to the amount of impervious surface area of the average residential property. For example, a nonresidential property with 40,000 square feet of impervious surface area receives an ERU multiplier of 9.0 (40,000/4,440). The ERU multiplier shall be rounded to one decimal place and the minimum ERU for any property shall be one. The ERU multiplier is then multiplied by the current stormwater user fee for one ERU to determine the actual monthly user fee in dollars. (Ord. 15.10.06, passed 12-21-2015; Am. Ord. 2018.12, passed 1-22-2019)
5.09.040 BILLING AND COLLECTION OF STORMWATER USER FEES.
(A) Billing. All user fees shall be billed by and through the Marion County biannual tax bill. For user fees that are not completely paid on or before the due date, a penalty shall be added to the unpaid portion in the year of the delinquency, to be determined as follows:
(1) If user fees are completely paid on or before the date 30 days after the due date, and the taxpayer is not liable for delinquent property taxes (including special assessments) first due and payable in a previous installment for the same parcel, the amount of the penalty is equal to 5% of the amount of delinquent property taxes (including special assessments).
(2) If user fees are completely paid on or before the date 30 days after the due date, and the taxpayer is not liable for delinquent property taxes (including special assessments) first due and payable in a previous installment for a personal property tax return for property in the same taxing district, the amount of the penalty is equal to 5% of the amount of delinquent property taxes (including special assessments).
(3) If neither subsection (A)(1) nor (2) of this section apply, the amount of the penalty is equal to 10% of the amount of delinquent taxes (including special assessments).
(B) Sewer lien. Unpaid stormwater user fees constitute a lien upon the corresponding lot, parcel of land, building or premises at or upon which such fees are incurred. Stormwater user fees shall be the obligation of the property owner. Delinquent fees may be collected in either or both of the following ways (in addition to any other means allowed by law):
(1) A civil action may be brought against the property owner.
(2) The fees may be recorded as sewage liens in the office of the Marion County Recorder and certified to the Auditor of Marion County, who shall place the same on the tax duplicate of the county with the interest and penalties allowed by law to be collected as ad valorem property taxes are collected.
(C) Application of stormwater user fees to improvements. All stormwater user fees collected pursuant to this chapter shall be utilized for stormwater drainage improvements and maintenance within or about the corporate jurisdiction of the City, including debt service for such improvements, personnel expenses to collect, account for, and deliver the user fees, and for costs of installation and maintenance of stormwater improvements. The financial benefit to the City realized by the collection of stormwater user fees pursuant to this chapter shall be devoted to maintenance of and improvements to the City’s stormwater system and related expenses. (Ord. 15.10.06, passed 12-21-2015; Am. Ord. 16.10.08, passed 10-17-2016)
5.09.050 GRIEVANCE PROCEDURE.
Stormwater users may petition the Department for an adjustment in their user fee if sufficient cause exists to believe the impervious surface area measurements were determined or applied erroneously or a property has been misclassified. The petitioner must not be delinquent in the payment of stormwater user fees and must file the petition within 60 days of receiving the stormwater user fee billing in question. The petitioner shall state in writing why it is believed an adjustment is justified and shall include any supporting evidence, clearly defined, with the petition. The office of the Clerk-Treasurer of the City, or the Clerk-Treasurer’s designee, shall examine the petition and any submitted documentation, make a determination as to whether the petitioner is entitled to an adjustment of the stormwater user fee and notify the petitioner in writing of the decision and the basis of the decision within 60 days of receipt of the petition. The Clerk-Treasurer may grant, deny or modify the adjustment requested in the petition. If it is determined that the petitioner is entitled to an adjustment of the user fees, the adjustments will be made in the form of a credit against future stormwater user fees.
The petitioner may appeal the Clerk-Treasurer’s decision to the Common Council provided the Common Council has received written notice of the appeal from the petitioner within 30 days of the petitioner’s receipt of the Clerk-Treasurer’s determination. The Common Council shall notify the petitioner of the time and place of the hearing on the appeal. The Common Council will make a determination as to whether the petitioner is entitled to an adjustment of the stormwater user fee and notify the petitioner in writing within 30 days of the appeal hearing. The Common Council may grant, deny, or modify the adjustment requested in the petition, and all such determinations shall be final. (Ord. 15.10.06, passed 12-21-2015)