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The purpose of the stormwater management provision contained in this chapter and other related provisions contained elsewhere in the code is to provide for effective management and financing of a stormwater system within the village.
(A) In order to accomplish the purpose of effective financing of a stormwater system within the village, this chapter shall:
(1) Establish and maintain fair and reasonable stormwater management service charges for each lot or parcel in the village which bear a substantial relationship to the cost of providing stormwater management services and facilities. Such service charges shall be charged because each property contributes to stormwater runoff and benefits from effective management of stormwater by Amberley Village.
(2) (a) Ensure that similar properties pay similar stormwater management service charges which reflect the area of each property and its intensity of development, since these factors bear directly on the peak rate of stormwater runoff;
(b) Charges for residential properties of two or less dwelling units shall reflect the relatively uniform effect that such development has on runoff. Charges for all other properties shall be in proportion to residential properties of two or less dwelling units, utilizing both relative area and intensity of development in setting rates;
(3) Provide a mechanism for consideration of specific or unusual stormwater service requirements of some properties, and special and general benefits accruing to or from properties as a result of providing their own stormwater management facilities;
(4) Provide for a service charge adjustment process to review stormwater charges when unusual circumstances exist which alter runoff characteristics, when either service or benefit varies from a normal condition or is of greater significance than contribution to runoff or to periodically ensure that rates reflect the current costs of effective stormwater management; and
(5) Utilize stormwater management funds throughout the village, except where activities or facilities are clearly unusual and in excess of the normal level of service village wide and where developers are responsible for providing any new stormwater facilities required for their project.
(B) In order to maintain its effectiveness this chapter shall:
(1) Establish a mechanism for appeals and amendments to its provisions;
(2) Provide a procedure for abatement of conditions or activities which are not in the interest of public health, safety or welfare;
(3) Provide for its continuous validity through severability of its various portions; and
(4) Provide penalties for violations of its provisions.
(Ord. 2002-11, passed 3-10-03)