1049.02 STORMWATER SYSTEM AND LIABILITY.
   For purposes of this chapter, "system" includes all manmade facilities, structures and natural watercourses used for collecting and conducting stormwater to, through and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: conduits and appurtenant features, canals, creeks, channels, catch basins, detention ponds, ditches, streams, gulches, gullies, flumes, culverts, siphons, streets, curbs, gutters, dams, floodwalls, levees and pumping stations. All elements of the system which provide for the collection and disposal of stormwater and regulation of groundwater benefit and provide services to all property within the incorporated Village limits, including property not presently served by the stormwater elements of the system. The beneficiaries of the system include the owners and occupants of all real properties within the Village which benefit by the provision, operation and improvement of the system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, and release of stormwater, the reduction of hazard to property and life resulting from stormwater runoff, improvement in general health and welfare through reduction of undesirable stormwater conditions, and improvement to the water quality in the storm and surface water system and its receiving waters. Floods from stormwater runoff may occasionally occur which exceed the capacity of the system. This chapter does not imply that property subject to the stormwater utility service charge will always be free from stormwater flooding or flood damage, or that the system shall ever be capable of handling all storm events; nor does this chapter create a liability on the part of, or cause of action against, the Village or its personnel for any flood damage; nor does it reduce the need or the necessity for obtaining flood insurance.
(Ord. 2022-31. Passed 9-19-22.)