A. Policy: There is hereby established a storm drainage utility. Due to its general terrain and geographical location, the Town is particularly subject to damage from storm waters which, from time to time, overflow from existing water courses and drainage facilities. Presently existing storm drainage facilities, as well as future storm drainage facilities, require continuous operation, maintenance, renewal and replacement. Each owner of a lot or parcel of real property within the Town to the extent that he makes use of, and is served by, the Town's storm drainage facilities by contributing to those facilities storm water runoff beyond that amount (both in terms of peak rates and volumes) of storm water which would occur if that real property were undeveloped in its natural state, should pay for the use and the availability of use of such facilities.
B. Purpose: The Board further declares that this Chapter is enacted for the following specific purposes:
1. To promote the general public health, safety and welfare by assuring that the movement of emergency vehicles is not prohibited or inhibited during storm or flooding periods and by minimizing storm and flood losses and inconvenience and damage resulting from uncontrolled storm runoff in the Town.
2. To establish reasonable storm drainage utility service fees computed on the basis of the use made of, and the service provided by, the storm drainage facilities of the Town and to establish reasonable penalties for any delinquencies.
3. To encourage and facilitate urban storm water management techniques, including detention of storm runoff, minimization of the need to construct storm drainage facilities, reduction of pollution and damage from sedimentation and erosion, and the enhancement of the urban environment.
4. Notwithstanding the above, floods from runoff may occur which exceed the capacity of storm drainage facilities constructed and maintained by funds made available pursuant to this Chapter. This Chapter does not imply that property subject to the fees and charges established herein will be free from storm water flooding or flood damage. This Chapter shall not create any liability on the part of the Town or any officer or employee thereof for any flood damage.
5. To maintain a historic levels of quality, quantity and volume of storm water discharge. (Ord. 183, 11-19-1985)
Words used in the present tense include the future; words used in the singular number include the plural and words in the plural include the singular; the word "shall" is mandatory and not directory. For the purposes of this Chapter, certain terms and words are herewith defined as follows:
5-YEAR STORM: A storm having a twenty percent (20%) chance of occurrence in any given year.
100-YEAR STORM: A storm having a one percent (1%) chance of occurrence in any given year.
DETENTION FACILITIES: Storm drainage facilities which control the release rate of runoff so that runoff after development shall not exceed the runoff from the same parcel of land in its natural state for the 5-year and 100-year storms respectively.
DEVELOPER: One who causes or creates development.
DEVELOPMENT: Any manmade change to real property including, but not limited to, buildings or other structures, streets, parking lots, mining, dredging, filling, grading, paving, or excavating.
DRAINAGE EASEMENT: A grant to the town of the right to control development in a drainage right of way or an area subject to periodic flooding. It is also an area deeded to the Town for the purpose of operation, repair, alteration and maintenance of storm drainage facilities. Such easements shall be free from development, alteration or use which would interfere with the flow of water or act as a barrier for debris.
ENGINEER OR TOWN ENGINEER: That registered engineer designated by the Town to act in the Town's behalf.
IMPERVIOUS SURFACE: Surfaces on or in real property where the rate of infiltration of storm water into the earth has been reduced by the works of man. For purposes of this Chapter, buildings, manmade structures, concrete, asphalt or other hard surface driveways, patio areas, roofs, concrete or asphalt sidewalks, parking lots or storage areas, and other bricked, oiled, macadam or hard-surfaced areas which impede passage of storm waters into the earth's surface are deemed to be impervious.
MASTER DRAINAGE PLAN: A plan defining functional drainage basin and sub-basin boundaries, containing criteria to be used in preliminary design of storm drainage facilities, presenting the location and characteristics of all storm drainage facilities including those presently existing and those expected to be needed under ultimate development, providing preliminary designs of required improvements, and including recommended staging of storm drainage facilities construction, together with cost estimates.
NATURAL STATE: Land with soil and vegetation conditions that existed prior to any manmade activity on the land, defined as activity reducing the rate of infiltration of storm water.
PERSON: A natural person, corporation, partnership, or other entity.
PROJECT COSTS: Those costs of administration, management, planning, engineering, construction, inspection, reconstruction, alteration, right-of-way acquisition, replacement, contingencies, fiscal, legal, and all other capital costs of storm drainage facilities.
RETENTION FACILITIES: Storm drainage facilities which retain all runoff on the parcel such that no part thereof shall leave the parcel.
RUNOFF: That part of snowfall, rainfall or other storm water which is not absorbed, transpired, evaporated, or left in surface depressions, and which then flows controlled or uncontrolled into a watercourse or body of water.
SERVICE FEE: The storm drainage utility service fee as created by this Chapter.
STORM DRAINAGE FACILITIES: Any one or more of the various devices used in the collection, treatment, or disposition of storm, flood or surface drainage waters, including all manmade structures or natural watercourses for the conveyance of runoff, such as detention areas, retention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catch basins and street facilities; all inlets; collection, drainage or disposal lines, intercepting storm sewers; treatment facilities, outfall storm sewers, all pumping stations and other equipment and appurtenances; all extensions, improvements, remodeling, additions and alterations thereof; and any and all rights or interests in such storm drainage facilities.
TOWN: The town of Morrison.
TOWN ADMINISTRATOR: Such official appointed by the board of trustees of the town of Morrison.
WATERCOURSE OR DRAINAGEWAY: A stream including intermittent streams usually flowing in a particular direction, having a body or banks, and usually discharging into some other stream or body of water. (Ord. 183, 11-19-1985; amd. Ord. 420, 6-2-2015)
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