GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 use of or the services furnished by any public enterprise. 



2 Schedules of rents, rates, fees, charges, and penalties may vary 



3 according to classes of service, and different schedules may be 



4 adopted for services provided outside the corporate limits of the 



5 city. 



6 (al) ( 1 ) Before it establishes or revises a schedule of 



7 rates, fees, charges, or penalties for stormwater 



8 management programs and structural and natural 



9 stormwater and drainage systems under this section, 



10 the city council shall hold a public hearing on the 



11 matter. A notice of the hearing shall be given at 



12 least once in a newspaper having general 



13 circulation in the area, not less than seven days 



14 before the public hearing. The hearing may be held 



15 concurrently with the public hearing on the 



16 proposed budget ordinance. 



17 ( 2 ) The fees established under this subsection must be 



18 made applicable throughout the area of the city. 



19 Schedules of rates, fees, charges, and penalties 



20 for providing stormwater management programs and 



21 structural and natural stormwater and drainage 



22 system service may vary according to whether the 



23 property served is residential, commercial, or 



24 industrial property, the property's use, the size 



25 of the property, the area of impervious surfaces on 



26 the property, the quantity and quality of the 



27 runoff from the property, the characteristics of 



28 the watershed into which stormwater from the 



29 property drains, and other factors that affect the 



30 stormwater drainage system. Rates, fees, and 



31 charges imposed under this subsection may not 



32 exceed the city's cost of providing a stormwater 



33 management program and a structural and natural 



34 stormwater and drainage system. The city's cost of 

 3 5 providing a stormwater management program and a 

 3 6 structural and natural stormwater and drainage 

 3 7 system includes any costs necessary to assure that 



3 8 all aspects of stormwater quality and quantity are 

 39 managed in accordance with federal and State laws, 



4 regulations, and rules. 



41 ( 3 ) No stormwater utility fee may be levied under this 



4 2 subsection whenever two or more units of local 



4 3 government operate separate stormwater management 



44 programs or separate structural and natural 



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