10633-19 Amending the South Bend Municipal Code to add a new Article 14 establishing interim Storm Water Utility Rates

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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 ix. Any other real estate not included in this list and which is not described by the definition of residential real estate. (c) Residential real estate means a separate tax parcel of real estate which is primarily used for dwelling purposes on which a building is situated which building contains one(1)but no more than two (2) dwelling units which dwelling units are each used or are intended to be used primarily for living, sleeping, cooking, and eating. Sec. 17-128. Storm water user fees. The specific storm water fees that follow are set for the purpose of providing repairs, replacements and miscellaneous services related to storm water flows and to provide future improvements and capital needs of the City of South Bend's storm water system: (a) The storm water user fee for residential users for each tax parcel of real estate shall be at the rate of Two Dollars per month($2.00) per active utility customer account. (b) The storm water user fee for non-residential users shall be at the rate of Five Dollars ($5.00)per month per active utility customer account. (c) There shall be no exceptions or exemptions from the assessment of storm water user fees for a particular type or classification of real estate parcels within the corporate boundaries of the City of South Bend, Indiana. Sec. 17-129. Collection of storm water user fees. (a) The collection of the storm water user fees authorized by this Article shall be effectuated by a monthly charge on a bill to be sent to the affected property owner. The City may