§ 146-21 Chapter 146 Drainage Control

Drainage District fee discount.

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A. At the discretion of the Town MS4 Official, nonresidential lots that have on-site stormwater features that either improve water quality or reduce runoff, or a combination of both, may be eligible for a discounted fee to be applied to the assessment roll.B. Calculation of the discount. The discount valuation for a practice or structure shall be the product of the lot's Drainage District fee, the percentage of the total impervious surface area on a lot mitigated by the practice or structure, the practice or structure's reduction rate, and the practice or structure's treatment efficiency.C. Eligible practices.

Discounts are available for those stormwater management practices or structures meeting the requirements of Chapter 289 of the Town Code and the New York State Department of Environmental Conservation's Stormwater Management Design Manual guidelines, as amended or replaced by substantially identical guidelines. The MS4 Official will make the final determination of eligibility.D. Review criteria. An engineered structure or practice that provides quality treatment and/or quantity attenuation shall be considered by the Town MS4 Official using the criteria set forth herein.(1) The proposal must demonstrate that the practice will provide a quantifiable treatment and/or runoff control benefit to the site through engineered design principles.(2) The watershed subcatchment leading to the practice must be clearly defined, including the area, amount of impervious cover, flowpath, and existing and proposed land use.(3) The discount for a structure will be prorated based on that structure's treatment efficiency.

For example, for the reduction for an otherwise qualifying structure that is designed for 10% water quality volume treatment efficiency, the discount amount will be limited to 10%, as compared with a structure designed for 100% efficiency.(4) Designs must follow the New York State Department of Environmental Conservation's Stormwater Management Design Manual guidelines, as amended or replaced by substantially identical guidelines.(5) The owner must assume all responsibility for practice operation and maintenance. This responsibility shall be memorialized by the establishment of a stormwater maintenance agreement with the Town for each individual site.

Failure to maintain the facility shall result in cancellation of the reduction applied.E. Administration of discount.(1) In order to obtain a discount, an owner must apply in a form satisfactory to the Town MS4 Official.(2) If an application is approved by the Town MS4 Official, the resulting discount Drainage District fee shall take effect on the next applicable tax cycle. Unless otherwise specified, an approved discount shall continue to be applied on each future bill so long as the lot continues to be eligible for the modification; provided, however, that the Town MS4 Official shall cancel any discount for failure to provide the Town with access to inspect and confirm the lot's continuing eligibility for a particular recurring discount.

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