The purpose of the Stormwater Management Code contained in this chapter is to provide for effective management and financing of a stormwater system within the city.
(A) In order to accomplish the purpose of effective management of a stormwater system within the city, the Code shall:
(1) Provide for administration, operation, maintenance and inspection of existing stormwater management facilities;
(2) Provide for the establishment and implementation of a master plan for future stormwater management facilities;
(3) Provide procedures for design, construction and inspection of proposed stormwater management facilities; and
(4) Protect the public health, safety and welfare by providing a mechanism for mitigating the damaging effects of existing uncontrolled and unplanned stormwater runoff.
(B) In order to accomplish the purpose of effective financing of a stormwater system within the city, the Code shall:
(1) Establish and maintain fair and reasonable stormwater management service charges for each lot or parcel in the city which bear a substantial relationship to the cost of providing stormwater management services and facilities. Such service charges shall be proportional to each property's contribution to runoff and its use and benefit of services and facilities;
(2) 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.
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 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 city, except where activities or facilities are clearly unusual and in excess of the normal level of service city-wide and that developers are responsible for providing any new stormwater facilities required for their project.
(C) In order to maintain the effectiveness of the Stormwater Management Code, it 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. 04-1990, passed 3-5-90)