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HomeMy WebLinkAboutStormwater Rules and Credit Manual Administrative Procedures and Credit Manual Storm Water Board Adopted: March 26th, 2015 Version 1.0 1 Table of Contents DEFINITIONS ............................................................................................................................................. 2 GENERAL RULES ........................................................................................................................................ 5 A. Administrative………………………………………………………………………………………………………………………..5 B. Service Charges and Billing Practices; General……….……………………………………………………………….5 C. Service Charges and Billing Practices….……..……………………………………………………………………………7 D. Appeals; General…………………………………………………………………………………………………………………...7 E. Appeals; Bases for Appeal……………………………………………………………………………………………………….7 F. Appeals; Process……………………………………………………………………………………………………………………..8 G. Delinquencies and Collection Remedies………………………………………………………………………………….9 H. Enforcement and Procedure……………………………………………………………………………..……………………9 CREDITS AND DISCOUNTS ...................................................................................................................... 10 2 Board of Storm Water Management Administrative Procedures In accordance with Indiana Code 8-1.5-5 and the City of Carmel Common Council Ordinance D-2154-13 (“Ordinance D-2154-13”), the Board of Directors of the Department of Storm water Management (“Board”) has established the following general rules (“General Rules”) to provide for the implementation of the provisions of said Ordinance D-2154-13, the safe and efficient capture and conveyance of storm water runoff through the management and operation of the City's Storm water Utility, the construction and maintenance of the City's storm water system, and the regulation, assessment, collection and crediting of rates and charges for storm water service. These General Rules are intended to supplement Ordinance D-2154-13 and should be read consistent therewith. DEFINITIONS For the purposes of these General Rules, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AS-BUILT PLANS – the final set of drawings produced at the completion of a construction project. They include all the changes that have been made to the original construction drawings, including notes, modifications, and any other information that the City decides should be included. BEST MANAGEMENT PRACTICES (BMPs) - structural or nonstructural practices, or a combination of practices, designed to act as effective, practicable means of minimizing the impacts of development and human activities on water quality. BOARD - Board of Directors of the Department of Storm water Management established under Ordinance D-2154-13. CODE - City of Carmel Code of Ordinances. COUNTY-REGULATED DRAIN - Part of storm water conveyance system under the jurisdiction of the Hamilton County Drainage Board, including certain ditches, tiles, and sewers. CREDIT – a temporary or permanent reduction in the Storm water user fee through the construction, operation, and maintenance of BMPs that reduces property owner’s contribution to Storm water runoff. Credits are available to non-residential property owners only and the percent reduction is based on the criteria specified in this manual. DECONSOLIDATION – where compatible with the billing system and existing billing methods as determined by the director of Utilities, the process of dividing a property's impervious area and ERU measurement by some formula (agreed upon and provided by the property owner and tenants) for the purpose of billing storm water service fees to tenants based on their proportionate share of the total ERUs and storm water fee originally charged to the actual property owner. DEPARTMENT OF STORM WATER MANAGEMENT – consists of the City Engineer and designated staff for the purpose of providing for and managing the collection, treatment, drainage, and disposal of the City storm and surface water. DESIGN STORM - A rainfall event of specified size and return frequency that is used to calculate the runoff volume and peak discharge rate of a BMP. 3 DETENTION - The temporary storage of storm runoff in a basin, pond, or other BMP to control the peak discharge rates by holding the storm water for a lengthened period of time and which provides gravity settling of pollutants. DEVELOPED - The condition of real property altered from its natural state by the addition to or construction on such property of impervious surfaces or physical improvements such that the hydrology of the property or a portion thereof is affected. DIRECTOR - The Director of the Department of Storm Water Management, City of Carmel, Indiana. DRAIN - relative to storm water drainage, any sewer, tile, ditch, stream or other storm water runoff conveyance channel or conduit. EASEMENT – a grant by the property owner of the use of part of the owner’s land by another for a specified purpose. EQUIVALENT RESIDENTIAL UNIT (ERU) - A unit value, equal to the average amount of impervious area of a single family residential property within the City of Carmel. It is the base billing unit for calculating the proper assessment of storm water charges to all users of the City of Carmel storm water system. EXEMPT DRAIN - a primary line of storm water conveyance whose principal jurisdiction and maintenance fall to the Indiana Department of Natural Resources, U.S. Army Corps of Engineers and/or the Hamilton County Drainage Board rather than the City of City of Carmel. GRAVEL, STONE, AND COMPACTED SOIL - groundcover consisting of gravel, stone, or compacted soil shall be deemed impervious or pervious based on the usage of the area. a) Gravel and stone areas commonly used for parking or as traveled ways shall be considered impervious. These areas will be billed a storm water service charge based on the square footage of the area. b) Gravel and stone areas used for erosion control, weed control, or landscaping shall be considered pervious. Rainfall normally will pass through these areas and into the ground, thus not creating a runoff problem. These areas will not be included in the impervious surface calculation. c) Compacted soil areas used for industrial haul roads and processing areas created by frequently traversing an area with heavy machinery. These areas are compacted to create stable working surfaces, but inhibit the infiltration of storm water and increase runoff. GRAY INFRASTRUCTURE – use of pipes to collect, store, or dispose of storm water off-site GREEN INFRASTRUCTURE – use of vegetation and soil to treat and store storm water runoff on-site IMPERVIOUS AREA - Areas that have been paved and/or covered with buildings and materials which include, but are not limited to, concrete, asphalt, rooftop and blacktop, such that the infiltration of water into the soil is prevented. Excluded from this definition are undisturbed land, lawns and fields. INCENTIVES – a one-time cost-share reimbursement or give away to promote the use of green infrastructure on residential properties. Available incentives are specified in this section. INFILTRATION - A complex process of allowing runoff to penetrate the ground surface and flow through the upper soil surface. MONTH - the period between any two consecutive regular billings by the Utility for service rendered to a customer. Billings are scheduled at intervals of approximately thirty (30) days. For purposes of billing, a month shall be considered to be a period of 25 days up through 35 days. Any billings for storm water service outside this time shall be on a per diem basis. NON-RESIDENTIAL PROPERTY - all properties not categorized as residential properties or combined residential/business properties zoned primarily as residential NPDES - National Pollutant Discharge Elimination System. Regulations for storm water discharges as described in The Federal Register, 40 CFR Parts 122, 123 and 124. NPDES PERMIT - Storm water management permit required of medium and large cities and certain industries by the EPA pursuant to Section 402 of the Clean Water Act. 4 OPERATIONS AND MAINTENANCE (O&M) - a written manual, prepared by a professional engineer, that provides a description of operation and maintenance procedures for specific storm water control facilities for use by operation and maintenance personnel. PEAK DISCHARGE - The maximum rate of flow of water passing a given point during or after a rainfall event. Sometimes called peak flow. PERMEABLE SURFACES – Porous surfaces installed in lieu of traditional hard surfaces, which allow storm water to pass through them and infiltrate into underlying soils. These surfaces include permeable asphalt, permeable concrete, and permeable pavers. Other permeable practices may be considered acceptable at the Department’s discretion. PRIVATE STORM WATER FACILITIES - Various storm water and drainage works not under the control or ownership of the city, 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 or regulate storm water. PROPERTY OWNER - that individual, partnership or corporation holding the deed or record title to the property. For the purposes of these Rules and Regulations, a contract purchaser is not considered the owner. PUBLIC STORM WATER FACILITIES - Various storm water and drainage works under the control and/or ownership of the city, 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 or regulate storm water. RESIDENTIAL PROPERTY - a lot or parcel with a building, or portion thereof, used primarily as a place of abode for one or more human beings, but not including Hotels or Motels, lodging or Boarding Houses or Tourist Homes. RETENTION - 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. SEWER - May refer to storm, sanitary or combined water conduction facility. SEWERAGE - Sewage and/or groundwater, storm water and surface runoff; also, a system of sewers. SEWERAGE (OR SEWAGE) SYSTEM - in accordance with Indiana Code, storm and sanitary sewers; main, submain, local, lateral, interceptor, and outfall sewers; force mains and pumping stations; sewage treatment facilities; and any other structures necessary or useful for the collection, treatment, and disposal of liquid or solid waste, sewage, storm drainage, and other drainage of a municipality. SQUARE FOOTAGE OF IMPERVIOUS AREA - For the purpose of assigning an appropriate number of ERUs to a parcel of real property, the square footage of all impervious area using the outside boundary dimensions of the impervious area to include the total enclosed planimetric square footage, without regard to topographic features of the enclosed surface. STORM WATER RETROFIT – practice of adding new green or gray infrastructure storm water management features to an existing site to reduce and treat storm water runoff. STORM SEWER - A sewer designed or intended to convey only storm water, surface runoff, and drainage, and not intended for sanitary sewage and industrial wastes. 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 channel or natural watercourse. STORM WATER USER FEE - a charge to each property based on the potential runoff that would result from that property in a storm event. STORM WATER SERVICE/CUSTOMER USER - The owner of a lot or parcel of residential or non-residential property shall be considered the City Utilities Customer for the purpose of assessing storm water service 5 charges, unless otherwise determined by agreement between the owner and third party such as a lease or contract to purchase, whereby third party accepts responsibility for payment of City Utilities. STORM WATER SYSTEM - All constructed facilities, including sewers, structures and natural watercourses under the ownership, and/or control of the City 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, ditches, streams, ponds, lakes, culverts, retention or detention basins and pumping stations; and excluding there from, any part of the system of drains and watercourses under the jurisdiction of the Hamilton County Drainage Board. STORM WATER UTILITY – a reliable and dedicated funding source to address the increasing storm water regulatory requirements and ongoing storm water infrastructure maintenance and improvements. VACANT/UNDEVELOPED/UNIMPROVED - The condition of real property unaltered by the construction or addition to such property of any impervious surfaces or physical improvements that change the hydrology of the property from its natural state. Property must contain 400 square feet or less of impervious surface to be considered unimproved. GENERAL RULES A. Administrative 1. The Board may adopt such by-laws and rules as are not prohibited by law and as are found desirable to facilitate the conduct of its business and the accomplishment of its purposes. 2. The Board shall meet once per month, at a regular time and date to be established by the Board. 3. The remedies provided to the Utility by these Rules and Regulations shall not be exclusive and shall be in addition to all other remedies which the Utility has in law or equity. 4. The invalidity of any section, sentence, clause, paragraph, part of provision of these Rules and Regulations shall not affect the validity of any other section, sentence, clause, paragraph, part of provision of these Rules and Regulations which can be given meaning without such invalid part or parts. 5. The Board of Directors of Storm Water Management of the City of City of Carmel, Indiana, reserves the right, by appropriate action, to amend, modify, delete, change or otherwise revise these Rules and Regulations as it may deem, from time to time, to be desirable and/or necessary. B. Service Charges and Billing Practices; General 1. a. Charges for storm water service shall be computed by the Department of Storm Water Management and billed by the general office of the City Utilities. Bills shall be rendered monthly, unless additional or prorated billing is required to reflect customer changes, initial billings or is otherwise required to adjust billing cycles. b. Charges for miscellaneous services or work performed on behalf of a storm water customer by the Storm Water Utility shall be assessed at the time the work is completed and shall be included in the 6 customer's next utility bill. Installment payments must be arranged through the City Utilities' Customer Service Department 2. Billings for storm water service shall be rendered with and shall be due and payable on the same due date as billings for water and sewerage service to the same premises, (approximately fifteen (15) days after the bill is rendered) if any, and if none, then within such billing cycle as the Utility may determine. All bills for storm water service not paid by the due date shall be considered delinquent. 3. Charges for storm water service shall be billed to the storm water customer, unless by contract with the Utility, another person assumes responsibility for payment. 4. Service, and thus billings shall commence as follows: a. Storm water billing for a new property shall commence with the billing for sewer and/or water service, the meter set date or date of occupancy, or project completion date, whichever shall first occur. b. Additional storm water charges for an established service address necessitated by a change in the amount of impervious area at the property shall commence on the date the new certificate of occupancy or compliance is issued. c. At the discretion of the general office of the City Utilities, charges for unimproved parcels that cannot be consolidated with other parcels will be billed on a biannual basis. 5. a. Billing adjustments required to correct for impervious area measurements shall be applied retroactively to the date of the customer's initial inquiry to the storm water customer service center (excluding those termed client resolved) seeking informal resolution of a complaint or a particular storm water service account or charge, or the filing of the Petition to Appeal if informal action is not taken. b. Adjustments shall be made by crediting the customer's utility account (the storm water service charge) until any overpayment has been fully repaid. If the adjustment is greater than the total of that customer's previous two month's billings for all services, City Utilities will issue a refund check for the adjustment amount upon written request to the Customer Service Department. 6. Deconsolidation of storm water accounts will be available on a limited basis in the following situations: a.(i.) Inaccurate property ownership interpretation by the City which causes properties to be consolidated which should receive individual storm water bills. (ii.) Upon request and agreement by all owners and tenants, where multiple owners and tenants were properly consolidated under one account by the City because the data and information available did not clearly allocate buildings or parking areas to individual owners. b. Requests for deconsolidation shall be made to the Director of Storm Water Management and reconciled by the general office of the City Utilities. c. One request per property, per year shall be processed at no cost to the customer. Additional requests for deconsolidation changes or amendments within a twelve (12) month period shall require a processing fee of $25.00. Name changes and amendments which do not affect the total impervious area calculation shall be performed at no charge. d. Requests for deconsolidation shall not be considered until any issues concerning discounts and/or water quality credits for the particular property have been finally determined. 7. All billing errors, including incorrect rate applications, will be adjusted to the known date of the error or for a period of six (6) years, whichever period is shorter. 8. Two or more final and active accounts in the name of or guaranteed by a party may be consolidated at the sole discretion of City Utilities when one or more of the accounts has been closed and the amount owing on said account is delinquent. 9. At the discretion of the general office of City Utilities, multiple parcels having the same owner may be consolidated for efficiency of billing if there is no conflict with an approved deconsolidation request. 7 C. Service Charges and Billing Practices 1. Notwithstanding billings to, and assumption of responsibility by any other person, charges for storm water service shall remain the ultimate responsibility of the customer billed, who shall hold the Utility harmless from any loss occasioned by the delinquency of the person billed, including all penalties, recording fees, attorney's fees, interest and court costs, if any. 2. The owner of the real estate shall, upon request to the Utility Department, have the right to examine the Utility's records of billing and collection for the owner's property to ascertain whether such charges have been timely paid, and the amount thereof. 3. Nothing herein contained shall permit the owner, or any person other than the customer being billed, to inspect, examine or otherwise obtain confidential information including the income, employment, or finances of the customer. 4. For properties with inactive utility accounts where no water or sewer charges have been generated for 60 days or more, the storm water service charge shall revert to the owner. For billing purposes, a storm water-only account number will be issued to such property, payable by the owner of said property, until water or sewer charges have been reinstated. 5. Storm water service charges attach to the property unless the customer is other than the property owner; however, if an owner sells or otherwise transfers the premises billed for storm water service, that owner will be held responsible for the payment of all bills rendered for storm water service until written notice of the transfer has been given to the Utility Department, and the account may properly be transferred to another customer. D. Appeals; General 1. The following process shall be used for appeals by customers of the fee they are being charged, not to contest the rate structure or the existence of the fee itself. 2. Any change to the fee or the rate structure shall be first be undertaken with the Storm Water Board and if necessary, the City Council or through the court system. Customers may only appeal on the basis of their belief that City staff applied the fee determination methodology incorrectly to their individual property. 3. The appeal process is reserved for the resolution of disputes by customers over the application of the fee after informal attempts to negotiate a fee acceptable to both the City and the customer have failed. 4. The appeal process begins after the customer has provided to the Department of Storm Water Management, and the storm water staff has reviewed and ruled upon, all requested supporting information such as: site plant, property ownership documentation and land use information, and the customer is still not satisfied with the decision of the Storm Water Department Director. E. Appeals; Bases for Appeal 1. Appeals may be filed for any of the following non-exclusive reasons: a. A difference or disagreement in interpretation of what is to be considered impervious ground cover. Definitions of what is impervious area were established in advance of measurement of customer 8 properties. A customer may feel that these definitions were incorrectly applied and resulted in an incorrect fee being charged. b. An unresolved dispute over the land use category applied to a particular parcel or property. Businesses operated out of a residence are potential sources of appeals of this type. c. A dispute over the amount of credit given to a customer for installing controls which reduce the cost to the City to operate the Storm Water Management Program. Disputes may arise over the extent to which a particular storm water control reduces the City's cost. F. Appeals; Process 1. An appeal may be initiated by filing a completed Petition to Appeal with the Storm Water Department Director once informal attempts to resolve customer's complaint have failed. 2. The following must be included in the Petition to Appeal: a. The name, address and telephone number of the interested party filing the appeal, and the name of the owner and customer if the appeal is being filed by an interested party other than the customer or the owner. b. The property address, utility account number(s) associated with the fee being appealed, and a facility contact person if different from the customer name. c. The decision which is being appealed and the date of that decision. d. An indication of the appellant's status as an interested party. e. A statement giving specific reasons why the appellant believes the decision of the Storm water Department Director is incorrect or does not comply with the Department of Storm water Rules and Regulations or Ordinance D-2154-13. f. New or different documents, drawings, plans or other material Appellant believes supports the case. 2. Upon receipt of a properly filed appeal, the Director shall take the following actions: The appeal form will be reviewed for administrative completeness. The Storm water Department Director will review and investigate completed forms or will return incomplete forms to the appellant. The Storm water Department Director will have 60 days to perform this review, and, shall render a written determination that either the original ERU determination and assessed rate should be affirmed or the user's rate should be adjusted. This opinion shall be forwarded to the user by certified mail, return receipt requested. 3. Review and Decision by the Director of the Department of Storm Water Management If a petition is denied, the appellant shall then have seven (7) days from date of receipt to request reconsideration by the Director. Any additional facts concerning the dispute shall be reduced to writing and submitted, along with a copy of the original petition and supporting documents, to the Director. The Department of Storm water Management shall submit a written report of the determination in the case, along with any documents used in denying the claim. Once the appeal form has been forwarded to the Director for review, the Director or his designee may conduct such studies and request such information as the Director feels is necessary to make a decision. The Director may schedule an informal hearing with the appellant, and any others who have established in writing that they are interested parties, to discuss and attempt to resolve the issues raised by the appeal. The Director's decision will be issued in writing to the appellant and any other established interested parties. The written opinion of the Director or his designee shall constitute the final Department of Storm water Management determination, and may be challenged by the user by a written request to the Board for formal consideration within fifteen (15) days of receiving the Director's opinion. 9 4. Board of Directors Hearing and Final Determination Any party aggrieved by a final order or determination of the Director may, within fifteen (15) days after receipt of a Notice informing such party of the decision or order, appeal such decision or order to the Board of Directors of Storm water Management of the City of Carmel by filing a written request seeking such Board action with the City Legal Department, stating the basis of such appeal, including the alleged error in the decision or order. After receipt of such request the Board, after due and proper notice to all parties, shall hold a hearing on said petition and at the conclusion thereof or within thirty (30) days thereafter, enter a decision either affirming, denying, revising, amending, altering, or modifying such decision or order as the Board, by majority vote, shall so rule. The hearing shall be electronically recorded and a transcript of the hearing provided upon request at a cost to the requestor. A party or person aggrieved by the Board shall have the right to judicial review of such determination in accord with and pursuant to the same provisions of IC 4-21.5-5 as are applicable to appeals and review of decisions of agencies of the State of Indiana. G. Delinquencies and Collection Remedies 1. Failure to receive a bill shall not affect the right of the Utility to collect the appropriate fees due and owing by the customer. 2. Disputing the accuracy of a bill shall not be a valid reason for non-payment of a bill by the customer. Nor shall the filing of an application for a discount or credits stay the customer's obligation to pay storm water charges when due. The customer may pay a bill under protest, thus giving written notice that redress is being sought. Such written notices must be filed with the Director of the Storm Water Management Department prior to the due date of the bill. 3. Delinquent storm water service bills shall be subject to a collection or late charge of ten (10%) percent on the outstanding balance. 4. Where the property having a delinquent account for charges for storm water service is served by the City's Water Utility, the Utility may, after reasonable notice to the person being billed, shut off water service to the property. Water service shall not be restored until the delinquent account, together with the costs of turning off and turning on the water, shall have been paid. 5. Moving from one location to another in no way absolves the customer from responsibility for any unpaid charges incurred at a previous location. A customer's current water service may be discontinued for failure to pay any unpaid storm water charges previously billed and outstanding, regardless of the premises with respect to which the charges were incurred, when the previous charges are transferred to the customer's new account, and the delinquency requires such action. 6. Nonsufficient Funds (NSF) - CHECKS Checks returned for NSF will be subject to reimbursement of the fee the banking institution charges City Utilities and an administrative charge per account affected, for a total of $33.00. 7. Charges for storm water service levied pursuant to Ordinance D-2154-13 shall be due and payable on or before the due date stated on the bill. Any charge for service not paid by the due date shall be delinquent, and may be collected, with any applied penalty, recording fees, collection or deferred payment charges, attorney's fees, interest and court costs, if any, in accordance with the Code. H. Enforcement and Procedure 1. The power to enforce the provisions of Ordinance D-2154-13 shall be vested in the Director of the Department of Storm Water Management (Director) and such designees as s/he, with the approval of the Board of Directors of Storm Water Management, may appoint for such purposes. 10 2. Whenever the Director or any such designee shall deem it appropriate to charge any person with a violation(s) of Ordinance D-2154-13, he may issue to such person a Notice of Violation and/or Summons, which shall be processed according to the provisions of Indiana Code (34-28-5-1), or may employ administrative remedies in accordance with Indiana Code 36-1-6-9 and the City of Carmel Code of Ordinances. 3. Contractually specified enforcement procedures which conflict with any portion of this Section shall take precedence over the conflicting portion of said Section. 4. All actions taken by the City requiring a response by the user shall be made in writing and sent by certified mail, return receipt requested CREDITS AND DISCOUNTS 1. The following user fee credit manual shall be utilized by the City’s Department of Storm Water Management: STORM WATER UTILITY USER FEE CREDIT MANUAL INTRODUCTION The City of Carmel City Council passed an ordinance to establish a Department of Storm Water Management, a Storm Water district, and adoption and approving a Storm Water utility user fee. The purpose of the utility is to provide for and manage the collection, treatment, drainage, and disposal of City storm and surface water. The Storm water utility was created as a reliable and dedicated funding source to address the increasing storm water regulatory requirements and ongoing storm water infrastructure maintenance and improvements. Prior funding for these efforts came from the City’s traditional funding sources and directly competed for limited resources with other essential City services. This credit manual, prepared with the assistance from Christopher B. Burke Engineering, LLC, provides the necessary information for residential and non-residential property owners to take advantage of fee credits and cost-share incentives in recognition of efforts that would reduce the impacts on storm water quality and quantity. STORM WATER USER FEE CREDITS & INCENTIVES In the City of Carmel, non-residential properties are eligible to earn a maximum 30% credit towards reducing their Storm water user fee. This credit program is intended to encourage using best management practices (BMPs) to reduce the quantity and improve the quality of the water entering our water bodies, as well as promote public education on the importance of Storm water. The following practices, or combination of practices, are eligible for the maximum total of 30% credit: 1. Storm water Quantity Reduction Credit 11 2. Storm water Quality Improvement Credit 3. Accredited Green Building Program Credit 4. Established Development Credit 5. Storm water Education Credit BMPs installed in targeted areas with known drainage and water quality problems, shown in Figure-1 are of particular interest to the city. Credits applied for in these locations will be weighted by 1.5, not to exceed the maximum 30% credit. These areas include the Cool Creek Watershed and areas zoned Industrial (I-1). Where noted, Storm water retrofit projects will be weighted by the percent of the site treated. For example, if a commercial site retrofits the landscaped islands in the parking lot to rain gardens, only the area of the parking lot generating the runoff that will be treated and stored by the rain garden will be considered for credit. Residential properties may qualify for a one-time cost-share incentive to promote the installation of rain barrels, rain gardens, permeable surfaces, or other innovative BMPs. The non-residential credit and residential cost-share application process is explained in Chapter 6. Appendix 1 includes a list of approved BMPs. BMPs must be designed and installed according to the City of Carmel’s Storm Water Technical Standards Manual or equivalent design standards as determined by the Department of Storm Water Management. Copies of the non-residential and residential applications are in Appendix 2 and Appendix 3 respectively. Figure-1 Target Areas 12 NON-Residential Storm Water Quantity Reduction Credit Eligible Users: Non-residential, developed to the 2006 City of Carmel Storm Water Technical Standards Manual standards Duration of Credit: 5 years Maximum Credit: 20% Application Fee: $150 non-refundable, due with application Renewal Fee: $150 non-refundable, due July 1st within final year 20% credit for over detention of peak discharge through: A. Reduction of the 10-year post-development to near zero discharge or extended detention of the 2-year pre-development peak flow rate, or B. Reduction of the 100-year post-development to 0.2 cfs/acre (approximately representing the 5- year pre-development peak flow rate). Storm water retrofit projects will be weighted by the percent of the site treated. Non-Residential Storm Water Quality Improvement Credit Eligible Users: Non-residential, developed to the 2006 City of Carmel Storm Water Technical Standards Manual standards Duration of Credit: 5 years Maximum Credit: 20% Application Fee: $150 non-refundable, due with application Renewal Fee: $150 non-refundable, due July 1st within final year A. 20% credit for including a 3rd green infrastructure BMP, designed to treat the 1-year, 24-hour storm (about 2.5” rainfall). Storm water retrofit projects will be weighted by the percent of the site treated. B. 10% credit for incorporating green infrastructure vs gray infrastructure for the 2 required BMPs, with one of the two BMPs designed to treat the 1-year, 24-hour storm (about 2.5” rainfall) Non-Residential Certified Green Building Credit Eligible Users: Non-residential, developed to the 2006 City of Carmel Storm Water Technical Standards Manual standards Duration of Credit: 5 years Maximum Credit: 5% Application Fee: $25 non-refundable, due with application Renewal Fee: $25 non-refundable, due July 1st within final year 13 A. 5% credit for having met the site requirements of a certified green building through LEED, BOMA Go Green/Go Green Plus, Green Globes, The Living Challenge, or equivalent green building rating systems. Non-Residential Established Development Credit Eligible Users: Non-residential, not developed to the 2006 City of Carmel Storm Water Technical Standards Manual standards Duration of Credit: 5 years Maximum Credit: 20% Application Fee: $150 non-refundable, due with application Renewal Fee: $150 non-refundable, due July 1st within final year 1. Development with detention and water quality BMPs but not meeting current Storm water standards A. 20% credit for retrofitting with at least 1 additional green infrastructure BMP meeting the current Storm water standards. Storm water retrofit projects will be weighted by the percent of the site treated. 2. Development with detention but no water quality BMPs A. 20% credit for compliance with current Storm water ordinance in terms of required water quality BMPs. Storm water retrofit projects will be weighted by the percent of the site treated. 3. Development with no detention and no water quality BMPs A. 20% credit for compliance with current Storm water ordinance in terms of detention requirements and an additional 10% credit for compliance with current Storm water ordinance in terms of water quality BMPs. Storm water retrofit projects will be weighted by the percent of the site treated. Storm water quantity and quality retrofit improvement credits will not be awarded to projects associated with a site improvement that is required to provide detention and water quality to meet existing development requirements. Non-Residential Storm water Education Credit Eligible Users: Public or private school properties Duration of Credit: 1 year Maximum Credit: 30% Application Fee: $25 non-refundable, due with application 14 Renewal Fee: $25 non-refundable, due July 1st each year A. 30% credit for an approved educational program that educates 75% to 100% of the grade levels about Storm water management. B. 15% credit for an approved educational program that educates 50% to 74% of the grade levels about Storm water management. Eligible educational resources are available through IDEM, IDNR, EPA and USGS or equivalent. Appendix 4 includes a list of existing educational resources. The proposed Storm water education program must be reviewed and approved the City of Carmel prior to implementation. Residential Cost-Share Incentives Eligible Users: Residential properties Duration of Incentive: 1 time cost-share per installation Maximum Incentive: $375 reimbursement as funds allow Application Fee: $0 Renewal Fee: $0 A. $50 reimbursement per rain barrel installed; $75 in target areas B. $1 per square foot reimbursement for rain garden installed up to $100; $1.25 per square foot in target areas up to $125 C. $1 per square foot reimbursement for permeable surfaces installed up to $150 D. Up to $50 for other innovative BMPs as approved by the Department Reimbursement will be a credit of $4.95 per month until the total credit value is reached. CREDIT RESTRICTIONS Maximum Available Credit: The maximum credit available to any individual non-residential property is a total of 30% of their Storm water utility bill, even if their total credit exceeds 30%. Credits will not be applied to the Storm water utility bill until the application is approved and the BMP(s) has been constructed and inspected by the City. Application Process: The applicant should receive written notification of their award or denial of a Storm water utility user fee credit within 60 days of submitting their completed application. The application process does not relieve the property owner from payment of Storm water user fees in full during the review process. The credit will be applied within the next two billing cycles after application approval and project completion. The credit period will begin when the credit is applied to the billing cycle. 15 Transferring Credits: Credits do not transfer with a change in property ownership; for the property to continue to receive the credit, the new owner must submit an application. This policy does not apply to projects that meet the requirements of the Permanent BMP Section below. Local Community Requirements: All BMPs must be designed and installed according to the City of Carmel’s Storm Water Technical Standards Manual or equivalent design standards as determined by the Department of Storm Water Management. Approval of an application does not absolve the applicant from obtaining all other approval/permits from the engineering department and any other city departments necessary to complete the project. Credit Duration: All non-residential credits are 5 years in length with the exception of the Storm Water Education Credit which must be renewed annually. Credit renewals are due July 1st within the final year. Credits expire when a property changes ownership or the renewal application is not submitted. Credit period begins when the credit is applied to the bill. City’s Right to Inspect: The City has the right to inspect BMP(s) at any time while the credit is valid. If the BMP(s) has not been installed or maintained properly, the City Storm Water Board reserves the right to cancel the credit until the issue is solved. City’s Right to Terminate a Credit: The City Storm Water Board may revoke a Storm water credit for reasons such as inaccuracy or missing application/re-application information, or failure to meet BMP maintenance requirements. The City will notify the applicant in writing and allow 30 days to correct the deficiency. Within the 30 day period, the applicant must submit written documentation that the deficiency has been corrected. Upon review and site inspection (if warranted), the City Storm Water Board will, in writing, award or deny the credit. Applicant’s Right to Appeal: The applicant may appeal the award or denial of a credit to the City Storm Water Board within 60 days of the receipt of the credit notice. Installation of Permanent BMPs: If the BMPs are installed per an approved construction plan, protected by BMP easements, and an operation and maintenance manual is recorded with the property, the credit will be applied permanently to the property and 5 year renewal applications requirement will be waived. BEST MANAGEMENT PRACTICE MAINTENANCE To receive credit throughout the credit period, applicants must maintain each installed BMP(s) in accordance with the City of Carmel’s Storm Water Technical Standards Manual Chapter 700, (equivalent standards as determined by the Department of Storm Water Management, and the City’s Storm Water Management Ordinances. Additionally, the applicant should practice the following: 1. Maintenance of the BMP(s) as needed, to ensure proper functioning in accordance with City Code Section 6-204 2. Submission of annual reports for multi-year credits prior to July 1st each year per City Ordinance D-2154-13 3. Provide notification to the City Storm Water Program of any changes to the BMP(s) 4. Receive approval of any alterations to BMP(s) from the City Storm Water Program, in order to continue receiving credit 16 Be aware that failure to follow the requirements of the City Storm water Management Ordinance or conditions of this credit manual will result in loss of credit. CREDIT APPLICATION PROCESS The Storm Water Utility user fee credit application for all non-residential credits listed in this manual is included in Appendix 2 and the residential cost-share incentive application is in Appendix 3. Completed applications, supporting documentation, and non-refundable fee (non-residential only) should be sent to: City of Carmel Engineering Department Attn: Department of Storm Water Management One Civic Square Carmel, IN 46032 Prior to submitting the Storm water user fee application, all applicants are encouraged to discuss their BMP(s) and anticipated credit/cost-share reimbursement with the City Department of Storm water Management. Email: stormwater@carmel.in.gov Phone: 317-819-7301 Fax: 317-571-2439 Completed applications will be reviewed by the City Department of Storm Water Management and forwarded to the City Storm Water Board for consideration. The applicant will be notified, in writing, of their award or denial of a Storm water user fee credit. Incomplete applications will be returned to the applicant with deficiencies identified in writing. APPENDIX 1 List of approved BMPs Approved credit and cost-share incentive green infrastructure BMPs Bioretention Cistern Filter Strip Green Roof Permeable Surfaces Rain Barrel Rain Garden Vegetated Swale BMPs must be designed and installed according to the City of Carmel’s Storm water Technical Standards Manual or equivalent standards as determined by the Department of Storm Water Management APPENDIX 2 17 NON-RESIDENTIAL CREDIT APPLICATION CITY OF CARMEL STORM WATER USER FEE NON-RESIDENTIAL CREDIT APPLICATION APPLICATION TYPE: ___ Initial Application ___ Installation Verification ___ Renewal Application APPLICANT NAME: APPLICANT PHONE NUMBER: APPLICANT EMAIL ADDRESS: APPLICANT MAILING ADDRESS: PROPERTY ADDRESS: PROPERTY UTILITY ACCOUNT NUMBER: PROPERTY PARCEL NUMBER: CREDIT APPLYING FOR: ___ Storm Water Quantity Reduction Credit ___ Storm Water Quality Improvement Credit ___ Accredited Green Building Program Credit ___ Established Development Credit ___ Storm Water Education Credit RIGHT OF ENTRY Upon approval of this application, the applicant agrees to give the City of Carmel and authorized representatives the right to enter the premises without hindrances, and inspect any practice being installed, or that has been installed, to receive a storm water utility credit. Denial of this right will result in the loss of the storm water credit. Applicant’s Initials ____ APPLICANT SIGNATURE: DATE: 18 Submit application and attachments to: City of Carmel Engineering Department Attn: Department of Storm water Management One Civic Square Carmel, IN 46032 stormwater@carmel.in.gov Required attachments for the non-residential Storm water Quality Reduction Credit, Storm water Quality Improvement Credit, Accredited Green Building Program Credit, and Established Development Credit INITIAL APPLICATION ATTACHMENTS ___ Description ___ Site Plan ___ Calculations for Credit ___ Application Fee INSTALLATION VERIFICATION ATTACHMENTS ___ BMP(s) Easement Recorded (for permanent BMPs) ___ As-Built Plans ___ Right-of-Entry Agreement ___ O&M Agreement ___ Sample Annual Report ___Photo of BMP RENEWAL APPLICATION ATTACHMENTS ___ Annual Reports ___ Changes to Site Plan ___ Changes to BMP(s) ___ Photos of BMP(s) ___ Calculation of Credit ___ Application Fee Required attachments for the non-residential Storm Water Education Credit INITIAL APPLICATION ATTACHMENTS ___ Description of Program ___ Calculations for Credit ___ Application Fee INSTALLATION VERIFICATION ATTACHMENTS ___ Implementation Plan RENEWAL APPLICATION ATTACHMENTS ___ Previous Year Successes ___ Description of Program ___ Calculation of Credit ___ Application Fee 19 For Department of Storm Water Management Use APPLICANT NAME: PROPERTY ADDRESS: DATE RECEIVED: RECEIVED BY: APPLICATION FEE: ___ $150 ___ $25 (Education) TARGET AREA: ___ COOL CREEK WATERSHED ___ INDUSTRIAL AREA ___ APPROVED ___ CREDIT AMOUNT ___ NOTICE TO BILLING ___ DENIED (Reason) STAFF SIGNATURE: DATE: RENEWAL DATE: NON-RESIDENTIAL CREDIT APPLICATION APPLICATION TYPE: Indicate whether the application is a(n): Initial Application – this application is to be submitted to indicate the applicant’s interest in installing or instituting one or more BMPs. This also applies to applicants who wish to reapply if the credit to their property had been terminated or canceled. All required attachments must be 20 submitted to be considered. Applicants are advised not to proceed until the Initial Application has been approved by the City. Installation Verification – once the BMP(s) have been installed or an implementation plan prepared (Education Storm Water Credit only), the applicant must submit this application and all required attachments to be considered for credit. Renewal Application – with the exception of the permanent BMP installation, applications must be renewed every 5 years or for the Education Storm Water Credit, annually. Renewal applications are due July 1st. In order to continue to receive the credit, the applicant must submit this application and all required attachments. APPLICANT NAME: Name of person applying for the credit. This can be the property owner or person acting on behalf of the property owner. APPLICANT PHONE NUMBER: Phone number where applicant can be reached. APPLICANT EMAIL ADDRESS: Email address where applicant can be reached. APPLICANT MAILING ADDRESS: Address where applicant can be reached. PROPERTY ADDRESS: Address of the property where the BMPs will be installed or instituted. PROPERTY UTILITY ACCOUNT NUMBER: The utility billing number associated with the property. This number can be found on the property’s utility bill or by calling Carmel Utilities at 317-571-2442. PROPERTY PARCEL NUMBER: The parcel identification number associated with the property. This number can be found on property tax records or from the Hamilton County Recorder’s Office at 317- 776-9618 or online at http://gis.hamiltoncounty.in.gov/FlexViewer/Index.html CREDIT APPLYING FOR: Indicate the credit(s) for consideration. See Chapter 3 of this Credit Manual for an explanation of each credit. APPLICANT SIGNATURE: Signature of applicant. DATE: Date application is submitted. Initial applications are accepted year round however, renewal applications must be submitted by July 1st of the year the credit expires. APPENDIX 3 21 RESIDENTIAL COST-SHARE APPLICATION CITY OF CARMEL STORM WATER USER FEE RESIDENTIAL COST-SHARE APPLICATION APPLICATION TYPE: ___ Initial Application ___ Installation Verification APPLICANT NAME: APPLICANT PHONE NUMBER: APPLICANT EMAIL ADDRESS: APPLICANT MAILING ADDRESS: PROPERTY ADDRESS: PROPERTY UTILITY ACCOUNT NUMBER: PROPERTY PARCEL NUMBER: COST-SHARE APPLYING FOR: ___ Rain Barrel ___ Permeable Surface ___ Rain Garden ___ Other approved BMP’s RIGHT OF ENTRY Upon approval of this application, the applicant agrees to give the City of Carmel and authorized representatives the right to enter the premises without hindrances, and inspect any practice being installed, or that has been installed, to receive a storm water utility credit. Denial of this right will result in the loss of the storm water credit. Applicant’s Initials ____ APPLICANT SIGNATURE: DATE: 22 Submit application and attachments to: City of Carmel Engineering Department Attn: Department of Storm water Management One Civic Square Carmel, IN 46032 stormwater@carmel.in.gov Required attachments for the Residential Cost-share Incentive INITIAL APPLICATION ATTACHMENTS ___ Sketch of Site and Location of BMP(s) ___ Photos of Site ___Application Fee INSTALLATION VERIFICATION ATTACHMENTS ___ Photos of Installation ___ Receipts For Department of Storm water Management Use APPLICANT NAME: PROPERTY ADDRESS: DATE RECEIVED: RECEIVED BY: TARGET AREA: ___ COOL CREEK WATERSHED ___ APPROVED ___ COST-SHARE AMOUNT ___ REIMBURSEMENT SENT ___ DENIED (Reason) STAFF SIGNATURE: DATE: 23 RESIDENTIAL COST-SHARE INCENTIVE APPLICATION APPLICATION TYPE: Indicate whether the application is an: Initial Application – this application is to be submitted to indicate the applicant’s interest in installing a rain barrel and/or a rain garden. All required attachments must be submitted to be considered. Applicants are advised not to proceed until the Initial Application has been approved by the City. Installation Verification – once the rain barrel and/or rain garden have been installed, the applicant must submit this application and all required attachments to be considered for the cost-share reimbursement. APPLICANT NAME: Name of person applying for the credit. This can be the property owner or person acting on behalf of the property owner. APPLICANT PHONE NUMBER: Phone number where applicant can be reached. APPLICANT EMAIL ADDRESS: Email address where applicant can be reached. APPLICANT MAILING ADDRESS: Address where applicant can be reached. PROPERTY ADDRESS: Address of the property where the BMPs will be installed or instituted. PROPERTY UTILITY ACCOUNT NUMBER: The utility billing number associated with the property. This number can be found on the property’s utility bill or by calling Carmel Utilities at 317-571-2442. PROPERTY PARCEL NUMBER: The parcel identification number associated with the property. This number can be found on property tax records or from the Hamilton County Recorder’s Office at 317- 776-9618 or online at http://gis.hamiltoncounty.in.gov/FlexViewer/Index.html COST-SHARE APPLYING FOR: Indicate the one or more cost-share(s) for consideration. See Chapter 3 of this Credit Manual for an explanation of each cost-share APPLICANT SIGNATURE: Signature of applicant. DATE: Date application is submitted. APPENDIX 4 LIST OF EDUCATIONAL RESOURCES EXAMPLES OF EXISTING EDUCATIONAL RESOURCES IDEM Classroom Resources (http://www.in.gov/idem/nps/3459.htm) IDNR Project WET (http://www.in.gov/dnr/fishwild/7546.htm) 24 EPA NPDES Storm Water Outreach Materials and Reference Documents (http://cfpub.epa.gov/npdes/stormwatermonth.cfm#materials) EPA Teacher Resources and Lesson Plans (http://www.epa.gov/students/teachers.html) EPA Water science and Technology for Students and Educators (http://water.epa.gov/learn/resources/) USGS Education Resources (http://education.usgs.gov/) APPENDIX 6 Target Areas Map