Chapter 7 - Water and Sewer
Division 30 - Storm Water Utility and Storm Water Fund
SEC. 7.30-1 STORM WATER UTILITY AND STORM WATER FUND.
- The Town hereby establishes a Storm Water Utility within the
Public Works Department to provide for the management,
protection, control, regulation, use, construction, and
enhancement of the storm water systems and facilities owned or
operated by the Town.
- The management and supervision of the Storm Water Utility
shall be under the direction of the Director of Public Works.
- The Town hereby establishes a Storm Water Fund. All revenues of the Storm Water Utility shall be deposited into the Storm Water Fund and used for purposes of the Storm Water Utility as deemed appropriate by the Town Council.
SEC. 7.30-2 DEFINITIONS.
Combined Sewer means a sewer designed to receive or receiving
both wastewater and storm or surface water.
Credit means a conditional reduction in the amount of a storm
water service charge to an individual property based upon the
provisions of the Town of Normal Storm Water Credit Manual.
Developed Land means property that has been altered from its
natural state by the addition of impervious area equal to at
least two (2) percent of the gross area.
Equivalent Residential Unit (ERU) shall be used as the basis for
determining the storm water service charge to a parcel. Three
thousand two hundred (3,200) square feet of impervious area
shall be one ERU. The number of ERU’s attributed to a parcel
will be determined by dividing the total impervious area (square
feet) of the parcel by three thousand two hundred (3,200) and
rounding the result up to the next integer.
Impervious Area or Imperious Surface means those areas that
prevent or impede the infiltration of storm water into the soil.
Common impervious areas include, but are not limited to,
rooftops, sidewalks, walkways, patio areas, driveways, parking
lots, storage areas, compacted aggregate and awnings.
NPDES or National Pollutant Discharge Elimination System shall
mean the national permitting program implemented under the Clean
Water Act.
Single Family Residential (SFR) means developed land containing
one dwelling structure which is not attached to another dwelling
and which contains one or more bedrooms, with a bathroom and
kitchen facilities, designed for occupancy by one family. SFR
units may include houses (including duplexes), manufactured
homes and mobile homes located on
one or more individual lots or parcels of land. Developed land
may be classified as SFR despite the presence of a commercial
use within the dwelling unit so long as such use does not result
in the addition impervious areas such as parking spaces,
playgrounds, structures or additions to the building which are
used for non-residential uses.
Storm Water System shall mean a conveyance or system of
conveyances and include sewers, storm drains, curbs, gutters,
ditches, retention ponds or basins, dams, stream impoundments,
manmade channels or storm drains and flood control facilities
and appurtenances thereof which is designed or used for the
collection, control, transportation, treatment or discharge of
storm water. Combined sewers are not included in the storm water
system.
Town means the Town of Normal, a municipal corporation organized
under the laws of the State of Illinois.
SEC. 7.30-3 SCOPE OF RESPONSIBILITY FOR THE STORM WATER UTILITY. The Storm Water Utility shall be responsible for the operation, maintenance, management, and improvement of the storm water system owned by the Town including all activities required by the NPDES Storm Water Permit.
SEC. 7.30-4 DETERMINATION OF STORM WATER SERVICES CHARGES. Storm water services charges shall be determined by the Town Council. The revenue generated by storm water service charges together with any other sources of revenue that may be made available to the Storm Water Utility will be sufficient to meet the obligations of the Storm Water Utility.
SEC. 7.30-5 STORM WATER SERVICE CHARGES.
SEC. 7.30-5.1 SINGLE FAMILY RESIDENTIAL PROPERTY CHARGES. Owners of developed single family residential properties will be charged one ERU each. The charge per ERU is $4.60 per month.
SEC. 7.30-5.2 PARCELS OTHER THAN SINGLE FAMILY RESIDENTIAL. Owners of developed properties other than single family residential will be charged based on the number of ERUs on the property. The charge per ERU will be $4.60 per month.
SEC. 7.30-6 EXEMPTIONS AND CREDITS APPLICABLE TO STORM WATER SERVICE CHARGES PER MONTH.
- Owners of property in the Town containing developed land
shall be charged storm water service charges except
pedestrian/bicycle trails, streets and highway rights-of-way
owned by a Township, McLean County, the Town of Normal, the
State of Illinois, or the U.S. Government.
- Parcels shall be eligible to receive a storm water service
charge credit based upon the requirements of the Town of Normal
Storm Water Credit Manual.
- Any credit allowed against the storm water service charge is conditioned upon continuing compliance with the Town of Normal Storm Water Credit Manual.
SEC. 7.30-7 BILLING AND COLLECTION PROCEDURES.
- Billings for storm water service charges shall be rendered by
the Water Department on a bi-monthly, quarterly, or annual basis
at the discretion of the Town of Normal and may be billed in
advance for services to be rendered.
- When storm water services charges are not paid on or before
the due date stated on the bill, a penalty of ten (10) percent
shall be added. Failure to receive a bill does not entitle the
owner or customer to a remission of penalty.
- Notice must be given by the parcel owner or authorized agent
if it is desired that bills be forwarded to any other address
than the parcel address.
- The owner of any lot, building, or premises and the occupant
thereof and the customer of the water service of said system
shall be jointly and severally liable to pay for such storm
water service charges for said premises.
- In the event that the Town deems it necessary to refer past due storm water services charges for collection, the Town may additionally recover its actual expenses so incurred, including but not limited to, court costs, collection agency fees, and reasonable attorney’s fees.
SEC. 7.30-8 STORM WATER SERVICE CHARGES BILLED IN COMMON. The storm water service charge may be billed on a common statement and collected along with Town water, sewer, and waste collection charges.
SEC. 7.30-9 APPEALS. Any customer who believes the provisions of this Division have been applied in error may appeal in the following manner:
- An appeal must be filed in writing with the Director of
Public Works. In the case of service charge appeals based on a
dispute concerning an ERU calculation or impervious area, the
appeal shall include a survey prepared by a Licensed Land
Surveyor or Licensed Professional Engineer containing
information on the total property area, the impervious surface
area, and any storm water management features, such as detention
facilities or conditions which influence the hydrologic response
of the property to rainfall events. All pertinent calculations
shall be included.
- Using the information provided by the appellant, the Director
of Public Works shall conduct a technical review of the
conditions on the property and respond to the appeal in writing
within sixty (60) days.
- In response to an appeal, the Director of Public Works may
adjust the storm water service charge and any late payment
penalties applicable to a property in conformance with the
general purpose and intent of this Section.
- A decision of the Director of Public Works that is adverse to
an appellant may be appealed to the City Manager for review.
- Any appeal of the decision of the City Manager must be made pursuant to Illinois Law.
SEC. 7.30-10 PARTIAL INVALIDITY. The provisions of this Ordinance are severable, and if any of the provisions shall be held unlawful by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
(Entire Section 7.30 Added April 17, 2006, by Ord. No. 5072)