Chapter 12.25
STORM WATER MANAGEMENT Revised 2/21
Sections:
12.25.020 Application of storm water management services and charges.
12.25.030 Storm water management rates and charges. Revised 2/21
12.25.040 Storm water management appeals of ERUs.
12.25.050 Storm water management billing and collection.
12.25.060 Sufficiency of fees and charges.
12.25.070 Compatibility of provisions.
12.25.010 Definitions.
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 in its behalf.
“Code” shall mean the Highland Municipal Code.
“Council” shall mean the town council of the town of Highland, or any duly authorized officials acting on its behalf.
“County regulated drain” shall mean 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 the board of sanitary commissioners.
“Drain” shall mean any sewer, tile, ditch, stream or other storm water conveyance channel or conduit.
“Equivalent impervious area” shall mean the square foot sum of all land cover types multiplied by the corresponding runoff coefficient for each land cover type, as identified as follows:
|
Land Cover |
Runoff Coefficient |
|---|---|
|
Asphalt and concrete drives, walks and parking |
0.90 |
|
Rooftops |
0.90 |
|
Grass, lawns, parks, golf courses and cemeteries |
0.20 |
|
Unimproved land, wood and agricultural |
0.20 |
|
Gravel drives and parking |
0.65 |
|
Ponds and lakes |
0.05 |
“Equivalent residential unit (ERU)” shall mean a unit value equal to the average amount of equivalent impervious area of a residential property within the town of Highland and established at 5,000 square feet. It is also the basis for calculating the proper assessment of storm water charges to all users for the Highland storm water system.
“HSD” shall mean sanitary district of Highland.
“Impervious area” shall mean the total surface area (asphalt, concrete, stone, etc.) that is contained on a lot or parcel, or within a development tract. Hard surface area shall include, but not be limited to, driveways, parking areas, sidewalks or other paved areas, and all areas under roof.
“Infiltration” shall mean a complex process of allowing storm water runoff to penetrate the ground surface and flow through the upper soil surface.
“May” is permissive.
“Multifamily units,” for the purposes of the storm water management function, shall mean a lot or parcel of land on which is situated a building containing two or more dwelling units or on which two or more buildings each containing multiple dwelling units are situated.
“Nonresidential property,” for the purposes of the storm water management function, shall mean all properties not encompassed within the definition of residential property shall be defined as nonresidential property. Nonresidential property shall include, but not necessarily be limited to:
(A) Agricultural property;
(B) Commercial property;
(C) Industrial property;
(D) Institutional property;
(E) Governmental property;
(F) Churches;
(G) Schools;
(H) Federal, state and local government-owned property; and
(I) Any other property not mentioned herein and not specifically defined as either residential property or vacant residential property.
“Pervious area” shall mean real property that has a runoff coefficient of less than 0.90.
“Private storm water facilities” shall mean various storm water and drainage works not under the control or ownership of the town, county, state and/or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move, hold or regulate storm water.
“Public storm water facilities” shall mean the various storm water and drainage works under the control and/or ownership of the town, county, state or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move, hold or regulate storm water.
“Rate category,” for the purposes of the storm water management function, shall mean the following equivalent square footage of hard and semi-impervious surfaces (buildings, structures, paved surfaces, etc.) and impervious area of a property times the water runoff coefficient factor for residential and nonresidential user classes as set forth in subsection (3)(a) of this section:
|
Unit |
C x A Factor(1) |
ERU |
|---|---|---|
|
Residential |
|
|
|
Single-Family Unit |
1.00 |
|
|
Multiple-Family Units |
||
|
|
1 to 4 units (each) |
0.75 |
|
|
5 to 12 units (each) |
0.55 |
|
|
greater than 12 units (each) |
0.35 |
|
Nonresidential |
|
|
|
Category 1 |
0 – 5,000 ft2 |
1.00 |
|
Category 2 |
5,001 – 40,000 ft2 |
4.00 |
|
Category 3 |
40,001 – 100,000 ft2 |
12.00 |
|
Category 4 |
Over 100,000 ft2 |
20.00 |
(1) Composite water runoff coefficient factor times area.
“Replacement costs,” for the purposes of the storm water management function, shall mean the expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of storm water collection facilities to maintain the capacity and performance for which such works were designed and constructed.
“Residential property,” for the purposes of the storm water management function, shall mean real property consisting of a lot or parcel or contiguous lots or parcels of single ownership on which a building or buildings or a mobile home is situated, which structure(s) contains a group of rooms forming habitable dwelling unit or units with facilities that are used or are intended to be used primarily for living, sleeping, cooking and eating.
“Runoff coefficient,” for the purposes of the storm water management function, shall mean the ratio of peak flow from a drainage area (in cubic feet per second) and the product of rainfall intensity (in inches per hour) over a given land area (in acres). A measure of how much storm water runoff is produced in response to the rainfall.
“Sewage works” shall have the same meaning as defined in IC 36-9-1-8.
“Shall” is mandatory.
“Storm sewer” shall mean a sewer designed or intended to convey only storm water, surface runoff, street wash waters 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 or surface drainage only, which begins at the grating or opening where water enters said sewer, through the sewer or any other conduits to the outlet structure where water enters a channel, natural watercourse or combined sewer.
“Storm water” shall mean the chemical compound of hydrogen and oxygen, which is produced from atmospheric clouds as rain, snow, sleet and hail.
“Storm water system” shall mean all constructed facilities, structures and natural watercourses under the ownership, and/or control of the town and/or the HSD, used for collecting 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, manholes, ditches, streams, culverts, retention or 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.
“Storm water utility customer/user” shall mean a person, firm, corporation, association, municipality or other political subdivision having an interest as owner in any property which is within the jurisdiction of the department of public sanitation and its sanitary district and receiving services related to storm water and/or watershed management, either temporarily or permanently, from the Highland department of public sanitation, its sanitary district.
“Storm water utility user fee” shall mean a charge imposed on users of the HSD’s public storm water facilities and storm water system.
“Superintendent” shall mean the public works director or a designee acting as the administrative leader of the utility.
“User class,” for the purposes of the storm water management function, shall mean the division of storm water properties between residential and nonresidential.
“Vacant property” shall mean a lot or parcel of real property on which there does not exist a building or structure. [Ord. 1246 § 1, 2004. Code 2000 § 171.70].
12.25.020 Application of storm water management services and charges.
(A) Every user shall be charged for the services provided. These charges are established for each user class, as defined, in order that the storm water utility shall recover, from each user and user class, revenue, which is proportional to its measurement of impervious area. These various classes of users of the storm water collection system for purposes of this chapter shall be as follows:
|
Class 1. |
Residential |
|
Class 2. |
Nonresidential |
(B) For purposes of the storm water management function, the definitions of these user classes shall be:
(1) Residential User Class. Shall include a lot or parcel improved with a structure used primarily for residential purposes, each of which discharge storm water, directly or indirectly, into the storm water system of the town.
(2) Nonresidential User Class. Shall include all other properties that do not meet the definition of “residential user class” and that discharge storm water, directly or indirectly, into the storm water system of the town. [Ord. 1250 § 1, 2004. Code 2000 § 171.71].
12.25.030 Storm water management rates and charges. Revised 2/21
(A) For use of and the service rendered by said storm water utility, user fees shall be collected from users. The storm water management fees shall be charged according to the following schedule.
(B) For the periods identified below and thereafter, the following fees and charges are in effect:
Storm Water Management Fees Schedule
(1) For the period beginning February 1, 2021, and continuing thereafter, the following fees and charges are in effect:
|
Monthly Fees |
|
|---|---|
|
Residential |
|
|
Single-Family Unit |
$15.22 |
|
Multiple-Family Units |
|
|
1 to 4 units (each) |
$11.39 |
|
5 to 12 units (each) |
$8.34 |
|
Greater than 12 units (each) |
$5.30 |
|
Nonresidential |
|
|
Category 1 (0 – 5,000 sq. ft.) |
$15.22 |
|
Category 2 (5,001 – 40,000 sq. ft.) |
$61.03 |
|
Category 3 (40,001 – 100,000 sq. ft.) |
$182.51 |
|
Category 4 (Over 100,000 sq. ft.) |
$304.16 |
(C) For the service rendered to the town of Highland, said town shall be subject to the same user fees hereinabove provided. Impervious area located within a public-dedicated or public-owned right-of-way shall not be subject to a user fee.
(D) Federal, State, Town, County and Private Roadways. Streets, roads, highways and bike paths shall be given 100 percent credit as they form an integral part of the storm water system. The surface water control system incorporated in design of roadways are areas engineered to convey all design runoff without street flooding. Primary elements of the drainage system yield community-wide benefits and are installed to service the general public’s interests. [Ord. 1322 § 1, 2006; Ord. 1383 § 1, 2008; amended during 2012 recodification; Ord. 1558 § 1, 2014; Ord. 1725 § 2, 2020. Code 2000 § 171.72].
12.25.040 Storm water management appeals of ERUs.
(A) If a storm water utility customer/user determines that the ERU multiple assigned to said user’s real property is incorrect for any reason, said storm water utility customer/user shall have the right to appeal the ERU determination and thus the rate assessed in the following manner:
(1) The storm water utility customer/user shall obtain and complete a petition to appeal storm water rate form (“petition”), which shall be returned to the town of Highland clerk-treasurer with verifiable documentation supporting the appeal.
(2) 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 ERU determination and assessed rate should be affirmed or the storm water utility user fee should be adjusted in accordance with the petition.
(3) 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 receipt of said determination to request a reconsideration by the board. Any additional facts concerning the appeal shall be submitted in writing to the HSD, along with a copy of the original petition and supporting documents, to the board. The superintendent shall submit a written report of the determination in the case, along with any documents used in denying the appeal.
(4) 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 HSD 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. A written opinion shall be rendered 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 HSD determination. The hearing 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 at a cost per page as determined by the board, in accordance with applicable law as amended from time to time.
(B) 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.
(C) If the superintendent or town engineer recommends the storm water utility user fee be reduced, or reduction is ordered by the director, 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 petition.
(D) Dispute or appeal of an ERU determination or storm water service rate 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. 1246 § 1, 2004. Code 2000 § 171.73].
12.25.050 Storm water management billing and collection.
(A) The user fees for all users shall be prepared and billed monthly, along with the charges for other town utility services rendered to properties located within the town of Highland.
(B) The user fee shall be due on the payment date set out for the utility bill. It shall be a violation of this enactment to fail to pay a storm water service bill when due, which due date shall be the same as that for wastewater services.
(C) As is provided by statute, all rates and charges not paid when due are hereby declared to be delinquent and a penalty of 10 percent of the amount of the rates and charges shall thereupon attach thereto. The time at which such rates or charges shall be paid is hereby fixed at 30 days after the due date of the bill.
(D) Collection. In addition to the penalties and charges provided herein, delinquent user fees may be collected in a civil action along with other delinquent utility charges by the HSD and the HSD shall be permitted to collect its reasonable attorneys’ fees and court costs. [Ord. 1246 § 1, 2004. Code 2000 § 171.74].
12.25.060 Sufficiency of fees and charges.
The fees 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. 1246 § 1, 2004. Code 2000 § 171.75].
12.25.070 Compatibility of provisions.
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. 1246 § 1, 2004. Code 2000 § 171.76].