61-18 Amending the South Bend Municipal Code to add a new Article 14 establishing interim Storm Water Utility Rates

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In order to pay for the maintenance, repair, replacement, and improvement of the existing and future storm water system for the City of South Bend at a time of increased flooding and water control issues due, among other things, to changing weather patterns and aging infrastructure, a storm water user fee shall be imposed on each and every tax parcel of real estate within the corporate boundaries of the City of South Bend, Indiana. This charge shall be assessed against the property owner, who shall be considered the user for purposes of this Article. This charge is deemed reasonable and necessary for its intended purpose. The rates established herein are temporary for at least two years from their effective date of June 1, 2019. During this interim the Department of Public Works shall study, evaluate and report to the Common Council the appropriateness of establishing storm water user fees based upon the quantity of imperious surface area in a parcel of real estate. The rates established in this Article shall remain effective until replaced, amended, or repealed by the South Bend Common Council. Sec. 17-127. Defmitions. Unless otherwise defined in this Ordinance, the terms and phrases shall be defined as follows: (a) Impervious surface area means those areas which prevent or impede the infiltration of storm water into the soil as it enters natural conditions prior to development. Common impervious areas include, but are not limited to, roof tops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, gravel surfaces, awnings and other fabric or plastic coverings, and other surfaces which prevent or impede the natural infiltration of storm water run- off which existed prior to development. (b) Non-Residential real estate means all real estate tax parcels which are not described by the definition of Residential Real Estate and which shall be defined as Non-Residential. Non Residential Real Estate will include: i. Agricultural real estate; ii. Commercial real estate; iii. Industrial real estate; iv. Institutional real estate; v. Church real estate; vi. School real estate; vii. Federal, state, and local government real estate; viii. Utility real estate; and