§ 17-104. Legislative determinations of special benefit.

It is hereby ascertained and declared that the administration of the stormwater management program and the stormwater management services and stormwater improvements provided within the stormwater service area provide a special benefit to the assessed property based upon the following legislative determinations:

(1)

The benefits provided by the stormwater management program to assessed property located in the stormwater service area include, by way of example and not limitation:

a.

The establishment and operation of the stormwater management program will serve a vital public purpose and promote the common interests of property owners throughout the stormwater service area.

b.

Each parcel that is subject to the stormwater service assessment will be enhanced by the value and the use and enjoyment thereof by alleviating stormwater damage to the infrastructure and improvements located within the community to which the parcel is a part thereby increasing safety and improving access to and utility of the assessed property and rendering assessed property more adaptable to a current or reasonably foreseeable higher use.

c.

Implementation of the TMDL program and National Pollutant Discharge Elimination System ("NPDES") permit compliance will foster the enhancement of environmentally responsible use and enjoyment of the natural resources within Marion County thereby enhancing the value of assessed property.

d.

Alleviation of the burdens caused by stormwater runoff and soil erosion and accumulation incidental to the use of real property and local roadways.

e.

Protection and/or restoration of surface water, wetlands and the Floridan Aquifer through reduction of stormwater borne pollutants.

(2)

The benefits provided by the stormwater management program bear a logical relationship to the value, use and characteristics of the assessed property located within the stormwater service area.

(3)

The stormwater assessments authorized by this article provide an equitable method of funding the stormwater management program by fairly and reasonably allocating such costs to specially benefitted property based upon the physical characteristics and use of such property.

(Ord. No. 02-13, § 1.04, 5-21-2002)