(a) The Council of the City of Avon finds, determines, and declares that it is necessary, appropriate, and conducive to the health, welfare, and safety of the City and its residents that a stormwater management utility be established within the City. As such, a stormwater management utility, to be known as the Avon Stormwater Management Utility, is established.
(b) The purpose of the Avon Stormwater Management Utility shall be to comprehensively address the stormwater management needs of the City. This shall be accomplished through the operation, maintenance, and improvement of facilities and programs designed to control the quality and rate of stormwater runoff received and conveyed by structural and natural stormwater drainage systems. The Avon Stormwater Management Utility shall own, operate, maintain, repair, improve, and extend the existing public stormwater drainage facilities and stormwater management program serving the City and its inhabitants in such a manner as is deemed necessary to prevent damage, physical, financial, or otherwise, to resident and non-resident property or the environment.
It is further determined and declared that it is necessary, appropriate, and conducive to the health, welfare, and safety of the City and its residents to establish a stormwater service charge to be levied upon and collected from the owners of all developed parcels of real estate within the City limits. Proceeds of such charges shall be used for the purpose of operation, maintenance, repair, and replacement of the stormwater drainage facilities, flood protection improvements, and stormwater management programs comprising the stormwater management system. The City shall operate its stormwater management system as a public utility. The service provided shall be the provision and maintenance of a complete and adequate system of stormwater drainage for the City and its inhabitants. The improvement of both public and private stormwater drainage facilities through or immediately adjacent to new developments shall remain the responsibility of the private developers.
(1) The City shall maintain all public stormwater drainage facilities located on City-owned land and in public rights-of-way and easements. Public facilities include, but are not limited to:
A. Open drainage ways owned by the City or located in public rights-of-way or drainage easements in the City;
B. Piped drainage systems and their related appurtenances which have been designed and constructed expressly for use by the general public;
C. Bridges on and culverts under public streets;
D. Roadside drainage ditches within the public right-of-way along streets;
E. Flood control facilities (levees, dikes, overflow channels, residential detention and retention basins, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public;
F. Residential storm water retention or detention facilities located on private property; and
G. Named ditches, i.e., those not included in the definition of "private waterway" in Section 1050.153(a).
(2) The improvement of both public and private stormwater drainage facilities through and immediately adjacent to new developments shall remain the responsibility of the developers. Facilities not qualifying as public facilities include but are not limited to:
A. Private parking lot storm drains;
B. Commercial stormwater retention or detention facilities located on private property;
C. Roof, footing, and area drains;
D. Drains not designed and constructed for use by the general public;
E. Open drainage swales or ditches on private property for which no public easement of record has been granted;
F. Culverts which provide access to driveways; and
G. Unnamed ditches on private property as set forth in Section 1050.153(a).
(Ord. 105-17. Passed 1-8-18.)