§ 17-152. Purposes and findings.

The purpose of this article is to protect and promote the public health, safety, and welfare by preventing the introduction of potentially harmful materials into the city storm sewer system; to protect property from potential stormwater damage; to maintain and enhance water quality; and to meet the requirements of the National Pollutant Discharge Elimination System for Stormwater Discharges.

The city council appointed a group of citizens and representatives of the major landholders and generators of stormwater runoff known as the "Stormwater Stakeholder's Advisory Committee" to evaluate the city's current stormwater program and to make recommendations to the city council about the future level of service the city should provide in regard to stormwater. Based on the recommendations of the stakeholder's advisory committee and information provided by a consultant chosen by the city, the city council of the City of Kannapolis makes the following findings.

(1)

Stormwater poses a serious threat to the public health, safety, and welfare. This threat cannot be eliminated entirely. Factors affecting this threat which are beyond the city's control include: frequency and intensity of precipitation; the topography in and around the city; the types of soils and other geologic structures found in and around the city; body of law established under state and federal authority concerning water rights generally and including but not limited to navigable and non-navigable waters, surface waters, and underground waters; unauthorized interference with the city's stormwater drainage system; and the amount of impervious surfaces associated with a reasonable level of development.

(2)

The management of stormwater can reduce this threat through:

(a)

Constructing, operating, and maintaining needed facilities, and

(b)

Regulating and controlling the use and development of land to reduce the adverse effects of stormwater.

(3)

In order to provide an effective and long-term approach to stormwater management, an adequate funding source must be identified. Equitable funding is provided by a system of charges that is related to the volume and quality of stormwater runoff from developed land.

(4)

Based on various studies conducted either by the City of Kannapolis, or on its behalf, it is estimated that the City of Kannapolis has a large backlog of stormwater services, maintenance, and capital improvements required to meet basic flood control, stream stabilization and water quality objectives and the level of service recommended by the stormwater stakeholders advisory committee.

(Ord. No. 2007-03, art. I, 2-12-07)