CONYERS, GEORGIA. Whereas, stormwater problems on private property may pose a threat to public safety, health, or welfare; and

Size: px

Start display at page:

Download "CONYERS, GEORGIA. Whereas, stormwater problems on private property may pose a threat to public safety, health, or welfare; and"

Clifton Strickland
5 years ago
Views:

1 ROCKDALE COUNTY CONYERS, GEORGIA ORDINANCE #O AN ORDINANCE TO AMEND ARTICLE V OF CHAPTER 310 STORMWATER UTILITY, SECTION (b) SCOPE OF RESPONSIBILITY FOR STORMWATER MANAGEMENT SYSTEMS AND FACILITIES AS AMENDED, SO AS TO ADD THE FOLLOWING SECTION; TO PROVIDE FOR A PROJECT RATING SYSTEM; TO REPEAL CONFLICTING LAWS; AND FOR OTHER PURPOSES WITHIN THE STORMWATER UTILITY ORDINANCE OF ROCKDALE COUNTY Whereas, Article V of the Stormwater Utility Ordinance of Rockdale County was implemented under applicable state law, including Article IX of the State Constitution, to protect the safety, health, and welfare of the public; and Whereas, stormwater problems on private property may pose a threat to public safety, health, or welfare; and Whereas, stormwater problems can be expensive to resolve, making it difficult for private property owners with limited financial resources to repair such problems in a timely manner; and Whereas, an ordinance is needed to allow the Stormwater Utility to dispense funds from the Stormwater Enterprise Fund to help private property owners resolve stormwater problems within private property; and Whereas, the Board of Commissioners wishes to provide such assistance in a fair, equitable, effective, timely, and affordable manner; NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of Rockdale County, Georgia, and it is hereby ordained by the authority of same as follows: Section 1 That Article V of the Stormwater Utility Ordinance of Rockdale County be amended by revising Section (b) of the Rockdale County Code of Ordinances, as amended, as follows: (b) Operation, maintenance, improvement, and/or access of stormwater management systems and facilities which are located outside of those areas specified in Sec (a) shall be evaluated, prioritized, scheduled, funded, and accomplished by the County according to the following procedures and stipulations: 1. The Stormwater Manager and personnel under the Stormwater Manager s supervision shall evaluate all potential construction expenditures of the Stormwater Utility according Page #1

2 to an objective rating system, titled Stormwater Utility Construction Expenditure Rating System (as shown in Section 2). The rating system shall be initially promulgated, and amended as necessary, by Motion of the Board of Commissioners, properly made, seconded, and passed. The rating system shall be based upon the following considerations: a. The Stormwater Utility should only address problems associated with the collection, conveyance, storage, treatment, or discharge of stormwater runoff and State Waters of Georgia; problems caused by groundwater, potable water, wastewater, etc. should not be considered for resolution by the Stormwater Utility. b. The Stormwater Utility should generally address problems located within areas in which Rockdale County forces or their contractors had previously performed construction activities, or within areas affected by such work. c. The Stormwater Utility should generally honor any work which was previously agreed to in writing by County officials. d. The Stormwater Utility should generally address problems which constitute an existing or imminent hazard to the public or to any County-owned infrastructure. e. The Stormwater Utility should generally address problems which affect stormwater infrastructure components that are directly connected to Countyowned stormwater infrastructure. f. Stormwater Utility funds should generally not be expended to address problems caused or exacerbated by any act of vandalism, unauthorized construction, illegal dumping, or any other intentional act. g. Stormwater Utility funds should generally not be expended to address problems caused or exacerbated by infrequent mowing, insufficient removal of litter and debris, poor erosion control, excessive sedimentation, or any other failure to properly maintain the aboveground portions of affected properties. h. The Stormwater Utility should generally provide solutions that will improve water quality or aquatic habitat. i. The Stormwater Utility should generally provide solutions that will be easily maintained by the affected property owners. j. The Stormwater Utility should only address problems in which each affected private property owner has signed a liability waiver and hold harmless agreement, absolving the County of any damage, loss, illness, injury, trauma, or death resulting from the action or inaction of Stormwater Utility with regard to the requested work and regarding any future inspection, maintenance, or construction activities associated with the requested work. k. The Stormwater Utility should only address problems in which each affected private property owner has dedicated a free, permanent easement to Rockdale County and its contractors, to be accepted by the Board of Commissioners. Any Page #2

3 such easement must be sufficient for the purpose of entering, crossing, and performing work within the private property. l. The Stormwater Utility should only address problems in which each affected private property owner has signed an agreement to bear all costs associated with the removal and replacement of any tree, fence, wall, building, utility, or other obstruction that would impede or prevent the successful and timely completion of the requested work or any future inspection, maintenance, or construction activities within the permanent easement. m. The Stormwater Utility should only address problems in which each affected private property owner has signed an agreement to acknowledge that the requested work will be done according to Rockdale County s scope, scheduling, funding, and choice of methods, materials, and sources of labor. n. The Stormwater Utility should only address problems in which each affected private property owner has paid their outstanding stormwater utility fees. o. The Stormwater Utility should generally address older problems before addressing newer problems. 2. The Stormwater Utility shall conform to the following procedures in the administration of the rating system: a. An initial rating shall be established within 10 business days from the time the problem is identified or reported b. A final rating shall be established within 20 business days from the time the problem is identified or reported. c. The final rating shall be updated each as conditions, circumstances, or owner acceptance change. d. The final rating shall be used to assign a priority classification (i.e. High, Moderate, Low, or Not Eligible) for the necessary remedial action. Issues having lower priority classification will not be completed until all issues with a higher priority classification are addressed first. Issues classified as Not Eligible will not be completed unless later reclassified according to item 2.c. above. e. The Stormwater Manager will decide when and how the necessary remedial action is scheduled, completed, and funded within a particular priority classification. 3. Regardless of the actual acceptance status of a newly dedicated easement, such easement shall not be considered as being part of those areas specified in Sec (a) until the requested work is complete. 4. Total annual expenditures for work performed exclusively outside of those areas specified in Sec (a) shall not exceed 10% of the previous year s collected revenue or $200,000, whichever is less. Expenditures necessary for the successful and timely completion of a project within those areas specified in Sec (a) shall not count against this total. Page #3

4 5. No part of this ordinance shall be construed, interpreted, or implied in such manner as to aid or assist in the development of subdivisions, planned communities, or properties in Rockdale County. The ordinance set out herein shall be applicable only to existing property parcels for which no new subdivision or development is planned. 6. All appeals will follow the procedure stated in Section of Rockdale County Code of Ordinances. Page #4

5 Section 2 Page #5

6 Page #6

7 Section 3 That all ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed. This 12 th day of July, ROCKDALE COUNTY, GEORGIA BOARD OF COMMISSIONERS By: Richard A. Oden, Chairman & CEO By: Oz Nesbitt, Sr., Commissioner Post 1 Attest: By: Jennifer O. Rutledge, County Clerk By: JaNice Van Ness, Commissioner Post 2 Approved as to form: By: M. Qader A. Baig, County Attorney Page #7

HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS

HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS Title: Date Adopted: Effective Date: Non-Maintained Public Right of Way Improvement Program August 21, 2018 August 21, 2018 It shall be the policy of the