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§ 51.19 ADJUSTMENTS AND CREDITS APPLICABLE TO STORM WATER MANAGEMENT SERVICE CHARGES.
   (A)   Adjustments due to error or oversight.
      (1)   Request for adjustment of the storm water service charge shall be submitted in writing to the Town Engineer or their designee. Adjustments may be requested for errors or omissions on the customer's storm water service charge. All requests shall be judged on the basis of the number of dwelling units or amount of impervious area on the property.
      (2)   In the case of a storm water utility service fee adjustment requests related to the amount of impervious surface on a parcel, the appeal shall include a surveyed map of the parcel prepared by a registered land surveyor or professional engineer and showing all impervious areas as defined in § 51.05. The map shall be submitted in digital and hard copy from and shall contain a table summarizing total parcel area, impervious area, and any other features or conditions related to impervious area.
      (3)   Using information provided in the adjustment request, the Town Engineer or designee shall conduct a technical review of the conditions on the property and respond to the request in writing. The Town Engineer or designee may adjust the fee or credit as long as the adjustment is in conformance with the intent of this subchapter. At the conclusion of the review, the Town Engineer shall issue a written determination stating whether an adjustment to the storm water utility service fee or credit is appropriate, and if so the amount of such adjustment. Denial of a request for adjustment shall be appealable within ten calendar days to the Storm Water Management Advisory Committee, described in § 51.30, whose decision shall be final.
      (4)   All decisions of the Town Engineer or designee shall be served on the customer by mailing to the address provided in the request for adjustment.
      (5)   The Town Engineer or designee may make no adjustment to a customer's bill for more than the one-year period immediately preceding the date that the customer's adjustment request is received by the Town Engineer.
      (6)   No provision of this subchapter allowing for adjustment of storm water utility fee shall be deemed to suspend the due date of the fee with payment in full. Any adjustment to the storm water utility fee for the person pursuing an adjustment shall be made by refund of the amount affected.
   (B)   Credits.
      (1)   The town may provide a system of credits to reduce storm water service charges for properties on which storm water control measures substantially mitigate the peak discharge or runoff pollution flowing from such properties or substantially decrease the town's cost of maintaining the storm water management system. The Town Manager or his or her designee will develop written policies to implement the credit system and codify said policies. No credit will be authorized until the Town Council approves written policies to implement the system of credits; a copy of the approved policies shall be on file with the Town Clerk. The town's policies may make credits retroactive to the date storm water management service charges were initiated but not to exceed one year. Any bill charges requiring adjustments must be applied through the utility billing system. But no credit will be granted for more than one past year. Nothing shall prevent the Town Council from modifying the adopted system of credits, and such modifications may apply to holders of existing credits.
      (2)   Each credit allowed against the storm water management service charge is conditioned on the continuing proper operation, maintenance, and functioning of the storm water control measure as designed; credited storm water control measures must comply with all applicable laws, ordinances and regulations, and credits may be rescinded for noncompliance with these standards.
      (3)   Each credit for which a customer applies shall be subject to review and approval by the Town Manager or his or her designee. The Town Manager may approve or reject any application for a credit in whole or in part.
      (4)   Credits shall only be applied to developed lands containing the credited storm water control measure. For developments with common property containing credited storm water control measures such as townhouse developments, cluster unit developments, or condominiums, each dwelling unit shall be eligible for its equal pro rata share of the credit unless other arrangements for billing the storm water service charge are made.
(Ord. passed 6-25-2007)
§ 51.20 LIMITATIONS OF RESPONSIBILITY.
   (A)   The town shall be responsible only for the portions of the drainage system that are in town- maintained street rights-of-way and permanent storm drainage easements conveyed to and accepted by the town. Repairs and improvements to the drainage system shall be in accordance with established standards, policies, and schedules.
   (B)   The town's acquisition of storm drainage easements and/or the construction or repair by the town of drainage facilities does not constitute a warranty against storm water hazards, including, but not limited to, flooding, erosion, or standing water.
(Ord. passed 6-25-2007)
STORM WATER MANAGEMENT ADVISORY COMMITTEE
§ 51.30 ESTABLISHMENT, COMPOSITION, DUTIES AND PROCEDURES.
   (A)   Establishment and composition. The Storm Water Management Advisory Committee shall be composed of five full members, one alternate member, and one Council Member liaison and one youth (between the ages of 14 and 18) as an ex-officio member who shall reside or own property within the town limits. The Council shall appoint the membership of the Committee. Each member shall be appointed for a period of three years except that the Council in appointing the original membership of the Committee may prescribe terms of fewer years to the end that the terms of the various members of Storm Water Management Advisory Committee shall be staggered. The youth member shall serve a term length of one year. Committee members may be re-appointed at the discretion of the Council.
   (B)   Duties. The Storm Water Management Advisory Committee shall have the following charge and duties:
      (1)   The Committee shall review and/or recommend to the Council storm water management policies, policy changes, and long range plans and estimate their budgetary and rate impacts.
      (2)   The Committee shall review and comment to the Council on the annual storm water management capital improvements program.
      (3)   The Committee shall respond to the Town Council and town staff requests for advice on matters related to storm water services and the storm water management utility.
      (4)   The Committee shall present the Council with an annual report of key actions and issues and its annual work program.
   (C)   Procedure. The Storm Water Management Advisory Committee is directed to adopt rules of procedure necessary to the conduct of its affairs and in keeping with the provision of this chapter, all policies of the Town Council, and applicable state laws. Such rules of procedure, and any modifications to same, shall be submitted to the Town Council for review and approval. Except as provided in this chapter, the rules of procedure adopted by the Committee shall at least provide for: selection of the officers of the Committee; the time and place of its regular meetings, which shall at least be held bi-annually, and the calling of special meetings; the procedures of the conduct of public hearings and voting. The Committee shall elect from its membership at least a chairperson and vice-chairperson, who shall serve for terms of one year, who shall be eligible for reelection, and who shall have the right to vote. The chairperson shall preside over the Storm Water Management Advisory Committee. In the absence or disability of the chairperson, the vice-chairperson shall perform the duties of the chairperson. All meetings of the Storm Water Management Advisory Committee shall be open to the public, in accordance with the North Carolina Open Meetings Law, G.S. §§ 143-318.10 et seq., and a public record shall be kept of the Committee's resolutions, proceedings, and actions. The rules of procedure and minutes of the Committee are maintained as separate documents in the nature of a public record at the Town Clerk's Office. The Town Manager or his or her designee shall provide such technical, administrative, and clerical assistance as required by the Committee.
(Ord. passed 6-25-2007; Am. Ord. passed 4-22-2013)
STORM WATER CONTROL AND MANAGEMENT
§ 51.40 UNAUTHORIZED INSTALLATIONS CAUSING RUNOFF.
   It shall be illegal for any person to install any pipe, culvert, or casing on any property in such a manner as to cause runoff water to flow into any storm sewer pipe, ditch, or other means of facilitating the flow of water that is maintained by the town without first obtaining approval from the Town Engineer.
(Ord. passed 6-25-2007)
§ 51.41 CONNECTION APPROVAL CRITERIA; DUTY OF OWNER; COMPLIANCE BY UTILITIES.
   (A)   The Town Manager or his or her designee shall not be authorized to approve any connection to town drainage facilities unless he or she is of the opinion that the size, shape, and location of the newly installed drainage facilities are adequate for handling the anticipated amount of water.
   (B)   It shall be the responsibility of the property owner of any parcel of land when making any improvements or changes affecting the land, which alter the existing flow pattern of runoff water, to install appropriate facilities for carrying the runoff water into a properly approved storm sewer, ditch, or stream. No zoning compliance permit shall be issued for any property within the jurisdiction of the town until the conditions of this section are met.
   (C)   It shall be illegal for any utility company to allow public water to be connected to any facility on any land that has not complied with the provisions of this section.
(Ord. passed 6-25-2007)
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