Stormwater Appeal Process

When a manufacturing property owner can unequivocally document and demonstrate through appropriate engineering that his building's size(s) are significantly less than suggested by its calculated ERUs (Equivalent Residential Unit), the County Administrator, upon recommendation of the Stormwater Manager, has the authority to make adjustments consistent with the intent of the ordinance establishing charges for stormwater services and with the County's Development Guidelines. Any manufacturing property owner who believes the provisions of this Article have been applied in error may appeal in the following manner:

a. An appeal should be filed in writing with the Aiken County Stormwater Manager. In the case of ERU calculation appeals, the appeal may, if applicable, include a stamped set of plans prepared by a registered professional engineer or architect containing information on the total building area.

b. Using the information provided by the appellant, the Stormwater Manager may conduct a technical review of the conditions on the property and respond to the appeal in writing within thirty (30) days.

c. In response to an appeal, the Stormwater Manager, may request the county auditor to adjust the stormwater management fee applicable to a property in conformance with the general purpose and intent of the ordinance establishing the fee. The adjustment may be downward or upward as appropriate.

d. No appeal may result in any property being charged a stormwater management fee based on less than 1.0 ERU unless the property has been retuned to its previously undeveloped state.

e. A decision of the Stormwater Manager which is adverse to an appellant may be further appealed to the County Administrator within thirty (30) days of receipt of notice of the adverse decision. Notice of the appeal shall be served in writing on the County Administrator by the appellant, stating the grounds for the appeal. The County Administrator shall issue a written decision on the appeal within thirty (30) days. All decisions of the County Administrator shall be served on the appellant personally or United States mail, sent to the billing address of the appellant.

f. All decisions of the County Administrator shall be final.

g. Changes in the stormwater management fee which may result from an appeal shall be effective with the current billing cycle. If necessary, a refund may be issued to the appellant.

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