The City of Bloomington has enacted Ordinances in order to comply with state and federal environmental regulations. The City of Bloomington is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Bloomington will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater utility fees will be calculated and collected by the City. The City also offers credits for properties that engage in and maintain stormwater best management practices. The City of Bloomington, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any permanent or temporary stormwater facilities or practices located on the property. The City of Bloomington has the authority to inspect stormwater facilities and practices in order to ascertain that they properly maintained and functioning.
Stormwater Utility Fee
For non-residential properties, aerial photography was used to measure the actual hard surface area and the fee owed. The total impervious area (in square feet) is divided by 1,000 and the result is rounded up to the next integer as a means of determining the number of Impervious Area Unit(s) (IAU) attributed to a parcel. There is a base fee of $1.45 per IAU per month. However, parcels less than or equal to 4,000 square feet shall be charged a flat rate equivalent to four (4) IAUs at a rate of $5.80 per month. Parcels greater than 4,000 square feet will be charged for the actual number of IAUs within the parcel OR four (4) IAUs, whichever is greater.
It is the City's intent to encourage sound technical design practices that reduce the negative impact of development on the drainage system through a simple but effective credit system. Properties whose impact on the storm water drainage system is significantly limited or has been effectively reduced through specific controls shall be entitled to a credit adjustment that will be applied to its storm water service charge. This manual will give property owners credit if they own and maintain a storm water detention facility that meets the code requirements of the City of Bloomington.
A. Application Fee
A credit application will not be considered complete and will not be processed unless it is accompanied by the application fee and all appropriate forms and information required in this manual. The credit application fee shall be one hundred dollars ($100.00). Application fees are one-time and nonrefundable.
It is the intent of the Engineering Department to process applications within sixty (60) days of submittal of the complete and correct application package. Billing adjustments required to implement credits shall be applied retroactively to the date of the customer's complete credit application. A pending application for credit shall not constitute a valid reason for nonpayment of the current Storm Water Service Charges. In the case of new development, Storm Water Service Charges and the associated credits detailed herein do not apply until construction is complete and as-built data for the storm water improvement/BMP has been submitted.
The application fee is intended to cover one detention basin or a related group of detention basins within one development. Therefore an application fee may cover more than one residential or commercial lot.
B. Rate Reduction Credit
The Rate Reduction Credit is available for:
1. Storm water facilities that control the peak rate of storm runoff according to the following criteria:
- 50% Rate Reduction Credit for those properties that control the post-development peak rate of storm water runoff for the one hundred (100) year design storm with a release rate less than or equal to a three (3) year pre-developed runoff in accordance with the City of Bloomington's Manual of Practice for the Design of Public Improvements.
- 25% Rate Reduction Credit for those properties that control the post-development peak rate of storm water runoff for the fifty (50) year design storm with a release rate less than or equal to a three (3) year post-developed runoff in accordance with the City of Bloomington's Manual of Practice for the Design of Public Improvements.
This credit is created primarily for properties whose land use is other than single family residential, such as, but not limited to, multifamily with 3 or more units, institutional, commercial, business, or industrial. However, single family residential properties served by a privately maintained regional detention facility may be eligible for a Rate Reduction Credit. It is not intended that this credit be extended to Single Family Residential properties with their own individual on-site detention facility.
2. Any entity which directly discharges to Sugar Creek, Skunk Creek, Pheasant Creek, Goose Creek, or Kickapoo Creek without flowing through any portion of the Municipal Sewer System, and is arranged in such a manner that no surface flow from said property is discharged from it without first undergoing an NPDES permitted water treatment process approved by the Director of Engineering shall be eligible for a 100% Rate Reduction Credit.
C. Application Requirements
- Application fee.
- The owner shall supply maintenance information along with their application. Any association agreements or contracts for inspection and/or maintenance are required to be disclosed as part of the application. Indicate the schedule for major maintenance that will be performed and how many times per year basic maintenance (such as erosion control and/or mowing) activities are performed.
- The owner shall supply the following technical information in accordance with the City of Bloomington's Manual of Practice for the Design of Public Improvements along with their application:
- Conceptual site plan and structural control location diagram.
- Locations, dimensions, and characteristics of all proposed and existing drainage patterns and facilities.
- Existing and proposed grading and location of all structures, parking, driveways, and other impervious areas.
- Detailed engineering calculations providing the results of routing the storm runoff for the one-hundred (100) year storm event through the basin or control, along with comparison to pre-development runoff rates. Total storage volume calculations and emergency spillway configuration are also required. Calculations shall be in a form and from a source acceptable to the Director of Engineering.
- The sum-total of pre-developed and post-developed runoff rates and volumes from all water sheds within the property must be calculated and compared, regardless of the number of natural or constructed watersheds in the property. Control of runoff in only one of the property's watersheds, ignoring all others, will not receive credit. Control of runoff in only one watershed, which takes into account the runoff from all others, could receive credit.
- Upon completion of construction, as-built data and calculations shall be in a form and from a source acceptable to the Director of Engineering and shall be submitted in order to complete the application. The as-built data must verify the capacity of the detention.
- Existing facilities will be eligible for credit as long as the meet the requirements of the City of Bloomington Storm Water Ordinance and Construction Standards in the City's Manual of Practice for the Construction of Public Improvements. In this case, the information required in the preceding items 2 & 3, and any other supporting material, shall be submitted for review. Retrofitting of existing structures is also allowed to provide or increase the amount of credit for a property. The process of retrofitting existing structures is similar to that for new developments. As-built data shall be submitted for the existing or retrofitted structure before the credit will be applied.
- The owner shall be required to sign a statement certifying that information is correct and acknowledgment that the credit determination will be based on the information provided. A later determination that the information was inaccurate may result in the loss of the credit.
D. Maximum Credit
The maximum aggregate credit for any individual property is one hundred percent (100%) of its gross billing amount for the Storm Water Service Charge. Developments must still conform to all applicable ordinances and standards of the City of Bloomington, Illinois.
E. Maintenance Requirements
Inspection reports shall be signed and sealed and shall be in a form and from a source acceptable to the Director of Engineering. Furthermore, these inspection reports shall be filed with the City every five (5) years, as calculated from the original application date, in order to maintain any level of Rate Reduction Credit. If a property owner fails to file required inspection reports or if a random City inspection results in failure, the City will send a letter informing the property owner of the required action to avoid revocation of the Quantity credits. If the property owner fails to take the required action, the credits will be revoked until the situation is corrected. No retroactive credits will be given during said lapse period. Credits will be restored on the effective date of the submittal of the property owner's acceptable response. At a minimum, inspection reports shall include:
- The condition of the release structure.
- Documentation that the quantity (volume) of detention has not been reduced.
- The condition of the emergency overflow and verification that it has sufficient capacity.
- Documentation of any signs of erosion or instability in any part of the structure and corrective action required (if necessary).
In consideration for permission to construct or install a storm water improvement/BMP, and by nature of applying for a storm water user fee credit, the applicant is hereby legally acknowledging and agreeing to the following:
1. After completion of the construction or installation by the Owners and approval by the City, the construction or installation of a storm water improvement/BMP shall remain a privately owned and maintained storm water improvement/BMP, shall not be accepted by the City, and shall not become a part of the maintenance program of the City of Bloomington Storm Water Utility or the Public Works Department. All maintenance responsibility and liability shall be and remain with the Owners, their personal representatives, heirs, grantees, successors and assigns.
2. Owners, their personal representatives, heirs, grantees, successors and assigns shall indemnify and hold harmless the City of Bloomington, its officers agents and employees form any and all claims, actions, causes of action, judgments, damages, losses, costs, and expenses (including attorney's fees) arising out of or resulting from the construction, installation, maintenance, or operation of the storm water improvement/BMP.
3. This Agreement shall run with the real estate upon which the storm water improvement/BMP has been constructed and shall be binding upon the Owners, their personal representatives, heirs, grantees, successors and assigns so long as the drainage facility and/or improvement or any part of it shall be used by them. This Agreement shall be disclosed upon transfer of real estate. At such time as the storm water improvement/BMP shall cease to be so used, this Agreement shall immediately terminate.