§ 30-7. Credits.

(a)

When approving the assessment roll each year, the town council may allow reductions in the amount of stormwater management fees for properties that have existing or planned stormwater management systems.

(b)

To be eligible for a credit against the stormwater management fee for the property, the owner or the owner's agent shall supply information to the town showing the following:

(1)

The volume of stormwater retained by the property during a storm classified as a 25-year-frequency/24-hour-duration storm event;

(2)

The stormwater management system for the property is operating properly and is in good repair;

(3)

The stormwater management system for the property meets the pollutant-discharge requirements under then-current state and federal water-quality laws and regulations;

(4)

The owner or owners of the property are bearing the cost of operating and maintaining the stormwater management system; and

(5)

The owner or owners of the property are bearing the cost and the risk of all future capital repairs, reconstruction, and replacement of the stormwater management system.

(c)

Upon a showing of the required information, the town council may grant a credit to the property up to a maximum of 50 percent of the then-applicable stormwater management fee or fees for the property or properties.

(d)

The amount of the credit shall be proportional to:

(1)

The volume of stormwater retained on the property or properties during the 25-year/24-hour storm event; and

(2)

The degree to which the owner or owners of the property have assumed the costs and risks of the current and future operation, maintenance, capital repairs, reconstruction, and replacement of the stormwater management system for the property or properties.

(e)

For purposes of assessing whether to grant credit against the stormwater management fee, the town council may prescribe application forms to be used by property owners requesting a credit. Also, town staff is authorized to request information in addition to that requested by the forms, as necessary or useful to evaluate the credit request in accordance with the criteria set forth in this section.

(f)

A credit granted by the town council against the stormwater management fee is valid for five years from the date of approval by the town council. After this period, the owner or the owner's agent must re-apply for a credit.

(Ord. No. 2010-04, § 1(11-7), 7-13-2010; Ord. No. 2011-07, § 1, 11-8-2011)