(A) Town Council hereby establishes a Stormwater Management Utility (the “Utility”) to carry out the purposes, functions and responsibilities set forth herein.
(B) The governing body of the Utility shall be Town Council. The Town Administrator shall administer the Utility under the town’s Stormwater Department; provided, however, that Town Council may delegate some or all of the Town Administrator’s or the Stormwater Manager’s duties hereunder to the county or its duly authorized representatives pursuant to an intergovernmental agreement providing for same.
(C) The Utility shall have the powers and duties set forth below, which powers are not necessarily exclusive to the Utility, to wit:
(1) Stormwater management planning and preparation of comprehensive watershed master plans for stormwater management;
(2) Regular inspections of public and private stormwater management facilities and measures and the construction thereof;
(3) Maintenance and improvements of stormwater management facilities that have been accepted by the town for that purpose;
(4) Plan review and inspection for sediment control and stormwater management plans, measures, and practices;
(5) Retrofitting designated watersheds to reduce existing flooding problems or to improve water quality;
(6) Acquisition of interests in land, including easements;
(7) Design and construction of stormwater management facilities and measures and acquisition of equipment;
(8) Water quantity and water quality management, including monitoring and surveillance;
(9) Billing and collecting a Stormwater Management Utility fee shall be pursuant to the town’s Stormwater Management Utility Fee Ordinance that sets forth the amount of the fees;
(10) Make reasonable regulations relating to the administration of this subchapter;
(11) Any and all powers and duties delegated or granted to it as a local government implementing agency under the laws and regulations of the state and the ordinances of the town; and
(12) Entering into inter-governmental agreements with the county to provide for the county and its duly authorized representatives to assist the town in the implementation and administration of the Utility, enforcement of the ordinances or other regulations governed by the Utility, and the implementation, billing, collection and expenditure of the town’s stormwater management fees.
(Ord. 2012-18, passed 11-15-2012; Ord. 2018-15, passed 12-20-2018)