§ 30-1. Findings and purpose of the stormwater management system.

(a)

Findings. The Town of Windermere, acting through its town council, finds that uncontrolled drainage and stormwater runoff has a significant adverse impact upon the health, safety and welfare of the town and its residents and properties for the following reasons:

(1)

Impervious areas increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge.

(2)

Improperly managed stormwater runoff may increase the incidence and intensity of flooding, which endangers property and the welfare of town residents.

(3)

Improperly channeled water increases the velocity of stormwater runoff and increases erosion and sedimentation.

(4)

Stormwater runoff is capable of carrying pollutants into receiving water, thereby degrading water quality.

(5)

The increase in nutrients, such as phosphorous and nitrogen, resulting from stormwater runoff accelerates eutrophication of receiving water bodies and aversely affects flora and fauna.

(6)

Construction requiring the alteration of natural topography and removal of vegetation tends to increase erosion.

The town council bases its above findings on information and analysis received from the town manager and town staff, from the April 2010 report entitled "Stormwater Utility Fee Study — Final Report" prepared by Michael Galura Engineering Consultants, LLC (the "Galura Report"), from the town's experience and history with stormwater issues, and from other sources.

(b)

Purpose. The purpose of a stormwater management system is to protect, maintain, and enhance the immediate and long-term health, safety, and general welfare of the citizens of the Town of Windermere. To effectuate this purpose, this chapter has the following objectives:

(1)

To create one or more stormwater utilities and adopt stormwater management fees sufficient to plan, construct, operate, and maintain stormwater management systems throughout the town.

(2)

To protect, restore, and maintain the chemical, physical, and biological integrity of the lakes.

(3)

To maintain or restore groundwater levels.

(4)

To minimize erosion and sedimentation.

(5)

To prevent damage from flooding.

(Ord. No. 2010-04, § 1(11-1), 7-13-2010)