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Stormwater Utility Code Review <br />Fee Assignment Based on Traffic Generation <br />Fee Assignment Based on Traffic Generation <br />•Can Stormwater Utility fees for public right-of-way areas be assigned to private <br />properties based on their share of traffic generated over the roadway? <br />•City Attorney opinion is that this is very likely not legally defensible under State law. <br />•Stormwater fees for a property must be tied to its contribution to runoff. <br />•Fees must be proportionate between properties, traffic-based calculations could <br />create situations where similarly impervious properties pay much different amounts. <br />•Alignment with accepted Stormwater Utility methodology is important when <br />assigning stormwater fees under State law. <br />•Further review of this matter is not part of the proposed scope of services.