§ 16-201. Findings of fact.

(a)

The City of Pickens is a designated SMS4 and is required by state and federal laws to control and reduce stormwater runoff and associated pollutants. The management of stormwater runoff and sediment is necessary to reduce pollution, siltation, sedimentation, local flooding and stream channel erosion, all of which impact adversely on land and water resources and the health, safety, property and welfare of the residents of the city.

(b)

The city maintains a system of stormwater management facilities, including but not limited to, inlets, conduits, manholes, channels, ditches, drainage easements, infiltration facilities, and other components, as well as natural waterways.

(c)

The stormwater management facilities and components of the city need to be regularly maintained, rehabilitated, upgraded or expanded, and additional stormwater management facilities and measures need to be installed throughout the city.

(d)

There are chronic drainage problems in numerous areas of the city which, on an annual basis, threaten property, limit access to property, create unpredictable driving conditions and present a negative image of the city's ability to address community problems.

(e)

There is no comprehensive mapping system or base line data to assist in analysis, design and/or development of comprehensive maintenance and retrofit programs, and there is no long term comprehensive drainage infrastructure maintenance program/plan in the city.

(f)

There is a lack of resources (equipment, manpower, funds) in the city to address problems comprehensively and within a defined time frame.

(g)

The city is a community comprised of citizens with a wide range of incomes with varying means to afford government services.

(h)

In the city, current and anticipated growth will contribute to the need for improvements in, and maintenance of, the stormwater management system.

(i)

The city needs to upgrade its capability to maintain existing and future stormwater management facilities and measures.

(j)

Every parcel of real property in the city either uses or benefits from the stormwater management system, and the improvement of existing facilities and construction of additional facilities in the system will directly or indirectly benefit the owners of all real property.

(k)

The extent of use of the stormwater management system by each classification of real property is dependent on a variety of factors that influence runoff, such as land use, topography, intensity of development, amount of impervious surface, and location in a particular watershed or basin.

(l)

Property owners and users should finance the stormwater management system to the extent they contribute to the need for the system and to the extent they benefit from the system, and charges therefore should bear a reasonable relationship to the cost of the service, and every effort should be made to fairly and reasonably spread the cost of the system to all property owners and users.

(m)

Creating a permanent stormwater management utility requires stormwater management utility fees and classifications be established thereunder.

(n)

In general, two (2) methods for determining rates/fees are widely used: impervious area method and intensity of development method. Both rate structures attempt to provide a fair, equitable and cost-effective method of financing the utility. The city has evaluated the two (2) methods for determining rate structures and has decided to use a modified version of the intensity of development method as detailed in this article, and believes this decision to be in the best interests of the community and environment.

(o)

After careful review, a base rate in the amount of twenty-four dollars ($24.00) per year is determined to be fair and reasonable, and in the best interests of the community.

(p)

It is in the best interests of the citizens of this city and, most specifically, the owners of real property, that a stormwater management utility with fees and classifications thereunder be established by ordinance and implemented as part of the city's utility enterprise system as authorized by S.C. Code §§ 48-14-10 et seq. and specifically 48-14-120, § 5-7-30, and other relevant laws and regulations of the state.

(q)

In accordance with state and federal laws and regulations the requirements applicable to designated SMS4s and the City of Pickens will become more stringent since municipal compliance is an iterative process. Therefore, the creation of a stormwater management utility, that provides for a source of funding, will ensure that the city attains compliance with the state and federal requirements. The failure to attain compliance with applicable state and federal requirements will subject the city to fines, penalties and liabilities under the Clean Water Act.

(Ord. No. 2010-01, § .01, 4-5-10; Ord. No. 2010-18, .01, 10-18-09)