Lawrence City Zoning Code

ARTICLE 4

STORM WATER UTILITY

§ 2-4-1-1. DEFINITIONS.

For the purpose of this Article 4, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(A) BASE BILLING UNIT (BBU). An area of measured impervious area surface following the convention 1 to 1,000 square feet of measured IA is assigned one BBU; 1,001 to 2,000 square feet of measured IA is assigned two BBUs; 2,001 to 3,000 square feet of measured IA is assigned three BBUs and progressing in a manner such that each additional 1,000 square foot unit of IA is assigned an additional BBU.

(B) BOARD. The Board of Directors of the Department of Storm Water Management established under § 1-1-3-14 of this code.

(C) CREDIT. A reduction in a storm water user fee based on certain qualifying conditions or activities that benefit the storm water system, increase green infrastructure and/or aid the department in the outreach and education compliance and reporting requirements of the National Pollutant Discharge Elimination System (NPDES) discharge permit.

(D) DEPARTMENT. The Department of Storm Water Management established under § 1-1-3-14 of this code, acting by and through the Department of Public Works of the City. The department is granted authority to plan, budget, design, finance and construct storm water systems in and serving the district.

(E) DISTRICT. The Lawrence Storm Water Management District authorized by I.C. 8-1.5-5 and created under § 1-1-3-14 of this code.

(F) GREEN INFRASTRUCTURE PRACTICES (GI). Approved structural best management practices that implement infiltration as the primary method of management and treatment of storm water and storm water runoff and have restricted or no positive discharge to the storm water system.

(G) IMPERVIOUS AREA (IA). An area that has been paved and/or covered with buildings and materials that include, but are not limited to, concrete, asphalt, rooftop and blacktop, such that the infiltration of storm water into the soil is prevented or impeded. IMPERVIOUS AREA shall include gravel driveways, private roadways, parking lots and similar areas designed or used for vehicular traffic. Excluded from this definition are undisturbed land, lawns and fields and undisturbed and tilled agricultural lands and areas.

(H) INFILTRATION. The process of allowing runoff to penetrate the ground surface and flow through the upper soil surface.

(I) NONRESIDENTIAL PROPERTY. All properties not included within the definition of residential property in this article. NONRESIDENTIAL PROPERTY shall include, but not be limited to, the following:

(1) Agricultural property;

(2) Apartment and condominium common property;

(3) Mobile home parks;

(4) Commercial property;

(5) Industrial property;

(6) Churches;

(7) Schools;

(8) Federal, state and local government property.

(J) PUBLIC STREETS, ROADS AND HIGHWAYS. Those streets, roads and highways that are accepted for maintenance by the State of Indiana, the City of Lawrence or any other municipality and that are available for use in common by the general public for motor vehicle transportation.

(K) RESIDENTIAL PROPERTY. An improved lot or parcel of real estate on which a building or mobile home is situated, which building or mobile home contains a group of rooms forming a single dwelling unit with facilities that are used or are intended to be used primarily for living, sleeping, cooking and eating. This definition also includes an individual lot or parcel containing one individual building containing three or fewer separate or attached single-family dwelling units.

(L) SQUARE FOOTAGE OF IMPERVIOUS AREA. For purposes of assigning an appropriate number of BBUs, shall be calculated using the outside boundary dimensions of the impervious area and shall include all of the total enclosed square footage, without regard to topographic features of the enclosed surface.

(M) STORM WATER CREDIT MANUAL. The manual designated by the department and approved by the Board that shall set forth the details of the credit system, including parameters of credit and application procedures.

(N) STORM WATER SPECIFICATION MANUAL. The Storm Water Design and Construction Specification Manual as designated by the department and approved by the Board.

(O) STORM WATER USER FEE. The service charge or user fee authorized by I.C. 8-1.5-5 and imposed on the users of the Lawrence Storm Water Management District's storm water system.

(P) STORM WATER SYSTEM. All facilities, including structures and natural water courses under the ownership and/or subject to the control of the City of Lawrence Department of Public Works used for collecting and conducting storm water to, through and from drainage areas to the point of final outlet, including, but not limited to the following: 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 designed to transport, move or regulate storm water. STORM WATER SYSTEM shall include public streets, roads and highways.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-2-1. STORM WATER USER FEES.

(A) There is hereby imposed a storm water user fee payable to the department upon each parcel of land within the Lawrence Storm Water Management District. The storm water user fee shall be based on the quantity of impervious area located on the parcel and shall be paid by the owner of the property.

(B) The storm water user fee shall be $1.40 per base billing unit ("BBU") beginning on January 1, 2021.

(C) The storm water user fee provided for in this section is to be collected from properties containing measurable impervious area within the district, unless such parcels are exempt as stated in divisions (D) and (E) below.

(D) The following impervious areas are exempt from measurement and calculation of a storm water user fee:

(1) Public streets, public roads, and public highways;

(2) Railway beds, ties, and rails in operation or an operational state; and,

(3) Open water.

(E) If a nonresidential property is situated so that all of the storm water or some of the storm water from the property does not contribute to the storm water system of the district, the property may be partially exempt from the storm water user fee. This list is not intended to be all-inclusive and exemptions may be granted by the department in response to a fee adjustment review under § 2-4-3-4.

(1) Where storm water from a property is captured, used up in a process and never returned to the storm water system of the district;

(2) Where storm water from a property flows directly outside of the district and never flows back into the storm water system of the district and is regulated by a separate individual or general storm water NPDES permit.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-2-2. PURPOSE OF USER FEES.

The storm water user fee shall be used to pay for the design, planning, regulation, education, administration, coordination, construction, operation, maintenance, inspection and enforcement activities of the storm water system of the district.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-2-3. CALCULATION OF USER FEE.

(A) Storm water user fees shall be calculated as follows:

(1) Storm water user fees for all parcels within the district, residential and nonresidential, shall be calculated as follows:

(a) The monthly storm water user fee shall be calculated utilizing the measured impervious area (IA) for each parcel and assigning the parcel to a group assigned one base billing unit (BBU) or a multiple of BBUs following the convention one to 1,000 square feet of measured IA is assigned one BBU; 1,001 to 2,000 square feet of measured IA is assigned two BBUs; 2,001 to 3,000 square feet of measured IA is assigned three BBUs and progressing in a manner such that each additional 1,000 square foot unit of IA is assigned an additional BBU. BBUs shall be assigned to each parcel proportional to each 1,000 square foot increment of IA contained on the parcel. No parcel containing measurable IA greater than one square foot shall be assigned less than one BBU unless exempted by § 2-4-2-1.

(b) The impervious area measurement shall be rounded to the nearest whole square foot.

(2) Exemptions from the assignment of BBUs shall be governed by § 2-4-2-1. Credits to the storm water user fee shall be governed by § 2-4-3-3, fee adjustments shall be governed by § 2-4-3-4, and appeals shall be governed by § 2-4-3-4 of this code.

(B) To the extent a sustainable operations and capital improvement program will be maintained and to meet indexing costs after 2021, a storm water user fee adjustment shall occur automatically each year on January 1 at a rate of $0.05 per 1,000 square feet of impervious surface as defined herein through January 1, 2034 unless otherwise modified as allowed by the articles of this code or other applicable ordinance. The increased storm water user fee shall be rounded up to the nearest whole cent per BBU.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-2-4. DEPOSIT AND USE OF USER FEES.

All fees collected or received pursuant to this article shall be deposited in a dedicated non-reverting fund established by the Controller of the City and may be used only for purposes of storm water management in the City and may not be diverted, directly or indirectly, in any manner to any use other than the purposes of storm water management in the City as required by I.C. 8-1.5-5-32(g).

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-3-1. CONTRACT FOR BILLING; TERMS OF PAYMENT.

(A) The Board is authorized to enter into a contract with one or more qualified entities for the services of billing for and collecting storm water user fees imposed by this article.

(B) The due date of storm water user fees shall be set forth on the billing document.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-3-2. COLLECTION.

(A) Delinquent storm water user fees and penalties may be collected in a civil action along with the costs of collection and reasonable attorney fees.

(B) Delinquent storm water user fees and penalties shall constitute a lien against the real property against which the user fees have been imposed. Such liens shall be certified to the auditor and collected as provided in I.C. § 36-3-7-5.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-3-3. CREDITS.

(A) Credit availability.

(1) Residential. A credit to the storm water user fee imposed on residential parcels may be available, upon application to the department, for parcels that meet the following criteria:

(a) A single residential credit up to, but not more than, 25% is available to applicants who own and reside at a parcel and show that an approved storm water management facility has been constructed and effectively implemented on the parcel. Approved storm water management facilities eligible for the credit include:

1. Rain gardens;

2. On-site storm water storage; and

3. Vegetated filter strips.

(b) Application process. Details of the credit, including parameters and application procedures shall be set forth in the storm water credit manual.

(2) Nonresidential. A credit to the storm water user fee imposed on nonresidential property may be available, upon application to the department, for parcels that meet one or more of the following criteria:

(a) Location in relation to major waterway. Credit shall be granted for applicant owned storm water facilities based on the location of the property to a major waterway of the United States, if the property directly discharges its storm water to that waterway in compliance with all requirements of the code, the storm water specification manual, and state and federal regulations. Fall Creek shall be considered a major waterway for the purposes of this section. A 1% credit shall be granted from the total monthly storm water user fee for each 2% of the impervious area from the property that directly discharges to the major waterway.

1. Application process. Details of the credit, including parameters and application procedures shall be set forth in the storm water credit manual.

(b) Construction in compliance with or exceeding the storm water specification manual and the code. Credit shall be granted from the total monthly storm water user fee for applicant owned storm water facilities, such as retention/detention and water quality facilities, constructed either prior to the effective date or after the effective date of the storm water specification manual, if those facilities either meet or exceed:

1. The requirements of the storm water specification manual; and

2. The requirements of the code in effect at the time of construction.

(c) Two-tiered credit availability for construction in compliance with or exceeding the storm water specification manual and the code. Property owners of applicant owned storm water facilities, such as retention/detention and water quality facilities, eligible for credit under division (B) may, at their option, apply for either a Tier One or a Tier Two credit as set forth below. Details of the tier system and other matters relating to applying for and receiving credits shall be included in the storm water credit manual.

1. Tier One. Tier One credit is intended for construction of storm water management facilities that meet the requirements of the storm water specification manual and code. A 10% credit may be granted from the total monthly storm water user fee for a parcel having approved storm water facilities that meet the requirements of the storm water specification manual and code.

2. Tier Two. Tier Two credit is intended for construction of storm water management facilities that are designed and constructed to exceed the requirements of the storm water specification manual and code. A 30% credit may be granted from the total monthly storm water user fee for a parcel having approved storm water facilities that exceed the requirements of the storm water specification manual and code.

a. Application process. Detailed technical information shall be supplied by the owner and the owner's engineer. Such information shall include as-built data, routing the storm event for the two, ten, 25, and 100 year storm events, comparison of pre-development and post-development conditions, total storage volume and emergency spillway configuration. To receive a Tier Two credit, approved storm water facilities must provide both control to a pre-development level for all the above storm events and provide post construction storm water quality treatment that exceeds the requirements detailed in the storm water specification manual by 10%. A parcel may also qualify for storm water credits for drainage basins that are designed utilizing the Modified Rational Method, which is detailed in the storm water specification manual. Water quality volume and post construction treatment data shall be supplied. Tier Two credits shall be awarded as provided in the storm water credit manual.

(d) Additional water quality and/or quantity control. An additional water quality and/or quantity control credit is intended to utilize the construction of approved green infrastructure (infiltrative) practices to reduce overall storm water discharge volume from the property. An additional credit up to 20% may be granted for an approved plan and successful construction and implementation of green infrastructure (infiltrative) practices that reduce discharge volume.

1. Application process. Applicant must first qualify for either the Tier One or Tier Two credit to receive the additional water quality and/or quantity control credit. Final approved level of credit shall be based on an approvable plan that demonstrates the use of acceptable infiltrative practices approved by the department or the storm water specification manual. Submission shall include design plans and details and hydrologic and hydraulic calculations necessary for review. Credit shall be granted as provided in the storm water credit manual.

(e) Education credit. Education credit is intended to aid the department in the outreach and education compliance and reporting requirements of the National Pollutant Discharge Elimination System discharge permit. A credit up to 5% credit may be granted from the total monthly storm water user fee for a property owner implementing an approved storm water quality awareness and education lesson plan for elementary through high school classes. This credit is limited to state recognized schools using state licensed instructors.

1. Application process. Detailed lesson plan and implementation schedule shall be submitted to the department to determine eligibility for the education credit. The lesson plan shall be taught to elementary and middle school students by an instructor licensed by the State of Indiana. The application for credit may be submitted by an individual school or a school district or corporation. The credit shall be applied only to the BBUs of the educational building on the parcel where the instruction of the approved credit material takes place. Owner shall be required to submit reports regarding implementation of the plan on an annual basis to maintain the credit. Education credits shall be granted as provided in the storm water credit manual.

(3) All parcel owners may apply for and be eligible for credit under this section.

(4) The descriptions in this section of circumstances in which credit may be granted are not intended to be all inclusive. The storm water credit manual may allow credit for storm water facilities and circumstances not described in this section at the discretion of the department.

(5) The Board, upon recommendation from the department, shall approve a storm water credit manual. The department shall follow the provisions of the storm water credit manual in reviewing and acting upon applications for credit. Copies of the storm water credit manual shall be available from the department.

(6) Each credit granted shall be conditioned on the continuing compliance with the design, operation maintenance and reporting requirements of the code, the storm water specification manual and the requirements set forth in the most current City of Lawrence storm water credit manual.

(B) Credit procedures.

(1) Application for credit or an appeal of a credit determination shall not constitute a valid reason for non-payment of the storm water user fee for which a credit is being requested.

(2) Application for credit shall be made on forms provided by the department and shall be accompanied by the applicable application submittal fee.

(3) The Board, upon recommendation of the department, may set reasonable credit application submittal and review fees. Such fees shall be reasonably related to the cost of reviewing credit applications.

(4) Application and/or renewal submittal fees shall not exceed $450.00 per application and shall include up to three hours of review by the department. If an application requires more than three hours of review by the department, the applicant shall reimburse the department for such additional review time at a rate not to exceed $150.00 per hour.

(5) Application submittal fees and all review fees for the education credit shall not exceed a total of $300.00.

(6) The department shall be responsible for reviewing credit applications and shall provide a written determination of the credit application within 60 days of receipt of a complete credit application. The written determination shall set forth the effective date of the credit and any conditions applicable to receipt of an approved credit.

(7) Appeals of credit determinations shall follow the procedures set forth in § 2-4-3-4 of this article.

(1) The maximum total credit for any parcel shall be 50% of the storm water user fees assessed against the parcel.

(2) If granted by the department, a credit shall have an effective date as follow:

(a) For credit applications approved on or between January 1 and June 30, the effective date shall be July 1 of the same year; and

(b) For credit applications approved on or between July 1 and December 31, the effective date shall be January 1 of the following year.

(3) Credits approved by the department on or after the date of Council approval of the articles herein shall expire, unless earlier terminated as provided in division (4), three years from the effective date.

(4) Upon written notice to the property owner or other person designated by the property owner to receive such notice, the department may terminate a credit for good cause, including, but not limited to, the reasons set forth below. The department's termination of a credit may be appealed by following the review procedures set forth in § 2-4-3-4 of this article.

(a) At the written request of the owner;

(b) Property or land alteration that affects drainage or impervious area;

(d) Failure to maintain facilities; and

(e) Failure to report as required.

(5) If a credit expires or is terminated, the property owner may submit a new or renewal credit application subject to all conditions herein.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-3-4. FEE ADJUSTMENT REVIEWS, CREDIT DETERMINATION REVIEWS AND CREDIT REVOCATION REVIEWS.

(A) Any person subject to this article may petition the Board for an adjustment of the storm water user fees assessed against him or her, provided:

(1) That the petitioner has paid the disputed storm water user fees in full;

(2) That the petitioner:

(a) Has good cause to believe that such storm water user fees were erroneously assessed against him or her, or

(b) That because of extraordinary circumstances unique to his or her parcel, equity can be served only by adjusting the storm water user fees assessed against his or her parcel.

(3) That within six months of the petitioner's receipt of the bill for the disputed storm water user fees, the Board receives from the petitioner a written petition for adjustment of fees and a brief statement of fact demonstrating the petitioner's right to an adjustment. The petitioner may include with his or her petition any additional information he or she deems relevant. If the petitioner wishes to have an informal hearing on his or her petition, a request for a hearing must be included with his or her petition.

(4) The Board shall appoint an account review officer (ARO) to review and resolve petitions for adjustment of fees.

(5) The ARO may be a qualified independent contractor or an employee of the City who serves as a hearing officer as part of his or her duties.

(6) The ARO shall consider the petitioner's statement of fact, as well as any other relevant and material evidence available in determining whether the petitioner is entitled to an adjustment of the storm water user fee.

(7) If a hearing has been requested as provided in this article, the hearing shall be before the ARO and shall be held within 30 days of the receipt of the request for hearing, unless a continuance is requested by the petitioner or requested by the department and agreed to by the petitioner. At the hearing the petitioner and the department may present any evidence that is, in the ARO's view, relevant and material to the dispute.

(8) Based on the petitioner's statement of fact, evidence presented at the hearing, if a hearing was requested, and any other relevant and material evidence available, the ARO shall issue a written decision on the petition. The ARO may grant, deny or modify the petition.

(9) The ARO's decision shall be final and binding and shall be issued to the petitioner within 90 days of receipt by the Board of the petition for adjustment if no hearing was requested, or 90 days from the conclusion of the hearing.

(10) The petitioner may appeal the ARO's final determination to the Board, provided that the Board has received written notice of appeal within 30 days of the petitioner's receipt of the ARO's final determination.

(11) The Board shall notify the petitioner of the time and place of the hearing on the petitioner's appeal. The petitioner shall have the burden of proving that he or she is entitled to an adjustment of the storm water user fees.

(12) At the hearing, the Board shall consider any relevant and material evidence available in determining whether the petitioner is entitled to an adjustment of the storm water user fees. The hearing shall be recorded by audiotape.

(13) The Board may grant, deny or modify the petition for adjustment. If the Board determines that the petitioner is entitled to an adjustment of the storm water user fees, the Board may, in its sole discretion, make such adjustment in the form of a refund or a credit against future storm water user fees, or both.

(14) Persons applying for credits as provided in § 2-4-3-3 shall follow the procedures set out in that section. Appeals of credit determinations and appeals of termination of credits shall be governed by the procedures in this section except that a petition for review of a credit determination or a petition for review of a credit termination must be received by the Board within 60 days of receipt of the credit determination or termination.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-3-5. USER FEE REVIEW.

At such time as deemed appropriate by the department and taking into account the annual accounting information provided for in § 2-4-3-6, the department shall cause a financial study to be performed to determine the costs associated with the storm water system in the district and shall recommend to the Board and Council any necessary adjustments to the storm water user fee. Any change to the storm water user fee shall be effective only after approval of both the Board and Council.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-3-6. ANNUAL ACCOUNTING.

The department shall present a report to the Board and to the Council by July 1 of each year, beginning in 2021. The report shall include the following information regarding the storm water management system during the previous calendar year:

(A) A summary of the revenues to the Storm Water Management Fund;

(B) A summary of the expenditures from the Storm Water Management Fund;

(D) A summary of the credits granted to storm water user fees;

(E) A summary of the major construction projects undertaken and the costs associated with such projects; and

(F) A summary of the maintenance activities undertaken and the costs associated with those activities.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-4-1. CITY MASTER PLAN.

The department shall be responsible for developing, implementing, administering and periodically updating a storm water master plan for the City which includes watershed analysis, capital project needs, priorities and engineering design requirements in the City and shall advise the Board on other technical matters relating to storm water quantity and quality issues in the City.

(Ord. 16, 2020, passed 12-7-2020)

§ 2-4-4-2. COORDINATION.

The department shall coordinate the department's efforts to the extent feasible with the Marion County Storm Water Management Technical Advisory Committee and other bodies responsible for storm water management in the county and shall periodically report to the Board the department's efforts regarding the same.