§ 40-520. Stormwater user fee charge exemptions.

Except as provided in this section or otherwise provided by law, no public or private property located in the incorporated area of Cornelia shall be exempt from the stormwater user fee charges. No exception, credit, offset, or other reduction in stormwater user fee charges shall be granted based on age, tax status, economic status, race, religion or other condition unrelated to the stormwater utility's cost of providing stormwater management services and facilities. Exemptions to the stormwater user fee charges are as follows:

(1)

Parcels which contain less than 500 square feet of impervious surfaces shall be exempt from stormwater user fee charges.

(2)

Railroad rights-of-way (tracks) shall be exempt from stormwater user fee charges. However, railroad stations, maintenance buildings, and/or other improved property used for railroad purposes shall not be exempt from stormwater user fee charges.

(3)

Georgia Department of Transportation (GDOT) streets and rights-of-way shall be exempt from stormwater user fee charges. This exemption is in recognition of routine drainage system maintenance and capital construction services undertaken by GDOT in association with GDOT rights-of-way and road systems. However, maintenance buildings and/or other improved property used for GDOT purposes shall not be exempt from stormwater user fee charges. All other state, federal, and county properties are subject to the user fee charges on the same basis as private properties.

(4)

Habersham County (county) streets and rights-of-way shall be exempt from stormwater user fee charges. This exemption is in recognition of routine drainage system maintenance and capital construction services undertaken by the county. However, other improved property used for county purposes shall not be exempt from stormwater user fee charges.

(5)

In consideration for the city allowing the stormwater utility to use the city's existing street, curbs, gutters, drainage ways and ditches, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural and man-made within and owned by the city which controls and diverts surface water for the purposes of collecting, diverting, transporting and controlling surface and stormwaters; the utility shall not charge the city a stormwater user fee charge for the city's impervious surface area resulting from the city's impervious surfaces which are owned and/or maintained by the city within the public rights-of-way.

(Ord. No. 09-16-01, 10-4-2016)