A. The City owns and operates a stormwater system and facilities ("system") which have been developed over many years.
B. The system consists of a network of structures, conduits and ditches, including ground water, that collect and route stormwater runoff.
C. Existing stormwater drainage conditions may constitute a potential hazard to the health, safety and general welfare of the City, its residents and businesses unless effectively maintained, replaced, improved, operated, regulated and controlled.
D. Anticipated growth and further wear and tear on the system will place increased demands on the system.
E. Stormwater runoff carries concentrations of oil, grease, nutrients, chemicals, heavy metals, toxic materials and other material that may jeopardize the integrity of ground waters and receiving waters, including the City's culinary water supply.
F. Inadequate management of both the quantity and quality of stormwater runoff may:
1. Increase pollution levels in creeks, rivers and ground water;
2. Cause flooding, erosion and property damage;
3. Hinder the provision of emergency services to residents;
4. Impede traffic flow;
5. Degrade the integrity of City streets and other utilities; and
6. Pose health hazards to residents.
G. The City is required under Federal and State mandates to provide increased quantity and quality controls to mitigate the impacts of pollutants that may be discharged from the system.
H. Developed property contributes to the need for the system by altering natural conditions with impervious surfaces. All developed properties, whether public or private, make use of or benefit from the City's operation and maintenance of, and improvements to, the system.
I. Impervious area is an important factor influencing stormwater service requirements and costs posed by properties, and therefore is an appropriate factor for calculating stormwater utility fees.
J. The future usefulness of the system, including any additions and improvements, and the capability of the City to comply with Federal and State mandates, depends on the ability of the City to effectively manage, protect, control, regulate, use, and enhance the system. In order to do so, the City must have adequate and stable funding for its Stormwater Management Program operating and capital investment needs.
K. A stormwater utility is the most equitable and efficient method of managing stormwater and ensuring that each property pays its fair share of the amount that the property contributes to, benefits from, and otherwise uses the system.
L. A stormwater utility fee is properly labeled a service fee similar to water, lighting, and sewer charges.
M. A monthly charge imposed for the use of the system constitutes a fee for services, not an assessment. (Ord. 17-40)