STORMWATER USER FEE

Indianapolis-Marion County Revised Code tit. I, ch. 131, art. IV, div. 2

in effect

Indianapolis-Marion County Revised Code § 131-421 Definitions.

Sec. 131-421. - Definitions. When used in this division, the words base billing unit (BBU), board, credit, department, director, district, equivalent residential unit (ERU), impervious areas (IA), nonresidential property, public streets, roads and highways, residential property, stormwater user fee, stormwater system or square footage of impervious area shall have the meanings ascribed to them in section 676-102 of this Code. (G.O. 43, 2014, § 1)

Indianapolis-Marion County Revised Code § 131-422 Stormwater user fee.

Sec. 131-422. - Stormwater user fee. (a) There is hereby imposed a stormwater user fee payable to the department upon each parcel of land within the Marion County Stormwater Management District. The stormwater 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 stormwater user fee shall be two dollars and twenty-five cents ($2.25) per equivalent residential unit ("ERU") until and including June 30, 2015, and shall be one dollar and ten cents ($1.10) per base billing unit ("BBU") beginning on July 1, 2015. (c) The stormwater 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 subsections (d) and (e) below. (d) The following impervious areas are exempt from measurement and calculation of a stormwater 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 stormwater or some of the stormwater from the property does not contribute to the stormwater system of the district, the property may be partially exempt from the stormwater 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 pursuant to section 676-304. (1) Where stormwater from a property is captured, used up in a process and never returned to the stormwater system of the district; (2) Where stormwater from a property flows directly outside of the district and never flows back into the stormwater system of the district and is regulated by a separate individual or general stormwater NPDES permit. (G.O. 43, 2014, § 1)

Indianapolis-Marion County Revised Code § 131-423 Purpose for user fee.

Sec. 131-423. - Purpose for user fee. The stormwater user fee shall be used to pay for the design, planning, regulation, education, administration, coordination, construction, operation, maintenance, inspection and enforcement activities of the stormwater system of the district. (G.O. 43, 2014, § 1)

Indianapolis-Marion County Revised Code § 131-424 Calculation of user fee based on ERUs.

Sec. 131-424. - Calculation of user fee based on ERUs. Until and including June 30, 2015, stormwater user fees shall be calculated as follows: (1) Residential properties. Each residential property, as defined in this article, shall be assessed a monthly stormwater user fee based on one (1) ERU. An ERU, as defined in this article, shall be established at two thousand eight hundred (2,800) square feet. (2) Nonresidential properties. Stormwater user fees for nonresidential properties shall be calculated as follows: a. The monthly stormwater user fee for each nonresidential property, as defined in this article, shall be calculated by determining and assigning to that property an ERU multiple based upon the property's individually measured square footage of impervious area, divided by two thousand eight hundred (2,800) square feet, which is one (1) ERU. This division shall be calculated to the first decimal place. b. The user fee shall be based on the nearest whole ERU. Rounding necessary to determine the nearest ERU shall be done according to mathematical convention, zero (0.0) to four-tenths (0.4) rounded down to the nearest whole ERU and five-tenths (0.5) to nine-tenths (0.9) rounded up to the nearest whole ERU. (3) Exemptions from the assignment of ERUs shall be governed by section 131-422. Credits to the stormwater user fee shall be governed by section 676-403, fee adjustments shall be governed by section 676-304, and appeals shall be governed by section 676-304 of this Code. (G.O. 43, 2014, § 1)

Indianapolis-Marion County Revised Code § 131-425 Calculation of user fees based on BBUs.

Sec. 131-425. - Calculation of user fees based on BBUs. Beginning on July 1, 2015, stormwater user fees shall be calculated as follows: (1) Stormwater user fees for all parcels within the district, residential and nonresidential, shall be calculated as follows: a. The monthly stormwater user fee shall be calculated utilizing the measured impervious area (IA) for each parcel and assigning the parcel to a group assigned one (1) base billing unit (BBU) or a multiple of BBUs following the convention 1—1,000 square feet of measured IA is assigned one (1) BBU; 1,001—2,000 square feet of measured IA is assigned two (2) BBUs; 2,001—3,000 square feet of measured IA is assigned three (3) 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 one thousand-square foot increment of IA contained on the parcel. No parcel containing measurable IA greater than one (1) square foot shall be assigned less than one (1) BBU unless exempted by section 131-422. b. The impervious area measurement shall be rounded to the nearest whole square foot. c. The impervious area measurement of a residential parcel shall not be assessed for more than twenty (20) BBUs. (2) Exemptions from the assignment of BBUs shall be governed by section 131-422. Credits to the stormwater user fee shall be governed by section 676-303, fee adjustments shall be governed by section 676-304 and appeals shall be governed by section 676-304 of this Code. (3) The stormwater user fee established in section 131-422 shall change annually subject to the automatic rate adjustment procedures outlined herein. Stormwater Rate Adjustment Schedule 2015-2019 Year | July 1, 2015 | January 1, 2016 | January 1, 2017 | January 1, 2018 | January 1, 2019 $Rate/1,000 square feet impervious area | $1.10 | $1.15 | $1.20 | $1.25 | $1.30 To the extent a sustainable operations and capital improvement program will be maintained and to meet indexing costs after 2019, a stormwater 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 or other applicable ordinance. The increased stormwater user fee shall be rounded up to the nearest whole cent per BBU. (G.O. 43, 2014, § 1; G.O. 80, 2015, § 1)

Indianapolis-Marion County Revised Code § 131-426 Reserved.

Indianapolis-Marion County Revised Code § 131-427 User fee review.

Sec. 131-427. - User fee review. At such time as deemed appropriate by the director and taking into account the annual accounting information provided for in section 261-503, the director shall cause a financial study to be performed to determine the costs associated with the stormwater system in the district and shall recommend to the board and the city-county council any necessary adjustments to the stormwater user fee. Any change to the stormwater user fee shall be effective only after approval of both the board and city-county council. (G.O. 43, 2014, § 1)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH131FE_ARTIVSPTADIFE_DIV2STUSFEFetched: 10/27/2026