(a) Land Developed Defined. As used in this section, "land developed" means all new residential, commercial and industrial development and excludes renovation without expansion or replacement of previously existing structures.
On land which as been previously developed, the storm water detention fee shall be charged for expansions of or additions to existing structures and construction of any additional structures, except on lots in R-1 and R-2 residential subdivisions and on three or fewer acres of land in R-1 and R-2 residential uses. The fee shall be computed as follows:
Total sq. ft. of area improved, graded Fee per acre (as provided in
or altered from its existing state X paragraph (c)(1) hereof)
43,560.00
or altered from its existing state X paragraph (c)(1) hereof)
43,560.00
An applicant for a building permit shall submit an acceptable topographical plot plan to the Division of Building Inspection, showing the boundaries and dimensions of the land and the location and dimensions of all existing and proposed structures.
(Ord. 98-93. Passed 9-27-93.)
(b) Adoption of City-Wide Storm Water Detention Plan. The City-Wide Storm Water Detention Plan prepared by Zwick & Associates, Consulting Engineers, dated March 26, 1993, and any further amendments thereto, are hereby adopted.
(Ord. 44-93. Passed 4-12-93.)
(c) Fees. There is hereby established a storm water detention fee to be charged upon the total acreage of each lot or parcel of land developed within the City by any person, firm, corporation, public agency, partnership or association, as set forth in subsection (g) hereof.
(Ord. 98-93. Passed 9-27-93.)
(d) Computation of Total Acreage. For the purpose of computation of the applicable fee, the total acreage shall include new streets, walks, drives and parking areas, but shall exclude the portion of land located in previously existing City rights of way.
(e) Deposit of Funds; Use.
(1) The City-wide storm water detention fee shall be paid to Storm Water Detention Fund No. 272, established by Resolution R-33-92, passed July 13, 1992, and shall be used to pay the costs related to the development and maintenance of a City-wide storm water detention system, such costs to include planning, engineering, property acquisition, legal expenses, construction, maintenance, repair and improvement of the system and all tributaries constituting the drainage system of the City.
(Ord. 44-93. Passed 4-12-93.)
(2) The Finance Director is hereby authorized to transfer the amount of twenty-five thousand dollars ($25,000) from the General Fund to Fund No. 271 for the fiscal year 1995 to provide funding for the cleaning of drainage ditches.
(3) Commencing with fiscal year 1996, and each fiscal year thereafter, the first twenty-five thousand dollars ($25,000) of payments received from storm water detention fees shall be deposited in Fund No. 271 and the remainder of said payments shall be deposited in Fund. No. 272.
(Ord. 28-95. Passed 3-27-95.)
(f) Payment of Fees. The City-wide storm water detention fee shall be paid prior to construction of improvements in a major subdivision or development requiring a developer's agreement and prior to the issuance of any building permit.
(g) Annual Adjustment of Fees. The storm water detention fees referred to in this section are based upon current construction costs, and in order that these fees be kept current, the Finance Director shall adjust them yearly by multiplying them by the first Cleveland Construction Cost Index figure published after the effective date of this section, and every year thereafter, divided by 5,621.86, which is the current Engineering News Record construction cost of Cleveland.
(h) Agreements with Subdividers or Developers. Should the City require a subdivider or developer, upon the recommendation of the City's Consulting Engineer, to construct an on-site storm water detention basin due to the location or topography of a particular subdivision or development, or to further reduce the peak storm water discharge to the City's drainage system, or to reduce the number of City-wide storm water detention basins to be constructed and maintained by the City or to combine the storm water storage requirements for two or more developments in one detention basin to be located at a more strategic or better site, the City may enter into an agreement with the subdivider or developer, to be approved by Council, containing the following conditions:
(1) The City will set-off the storm water detention fee established in subsection (c) hereof by an amount equal to the estimated increased construction costs, including the cost of the additional land area to such subdivider or developer, for the construction of the storm water detention basin. The cost shall be determined by the City's Consulting Engineer, and his or her determination shall be final.
(2) The maximum set-off shall not exceed the then-current storm water detention fee.
(3) The subdivider of a major subdivision shall require the formation of a homeowners' association, which shall assume responsibility for all maintenance, upkeep, repair, replacement and management of the storm water detention area. In other developments, the subdivider or developer shall make provisions acceptable to the City for maintenance of the storm water detention area. Easements shall be granted to the City for access to and maintenance of the storm water detention area.
(4) The storm water detention system shall be constructed using on-site or off-site basins and/or underground storage facilities which will reduce the developed storm water run-off to a maximum allowable discharge of 0.25 cubic feet per second per acre of developed land. The storm water run-off detention design shall be based upon a fifty-year storm in accordance with attachment "A", which follows the text of this section, and the storm sewer design shall be based on a ten-year storm as shown on attachment "B", which follows the text of this section.
(i) Application of Section. From and after the effective date of this section, the provisions of this section shall apply as follows:
(1) Where a subdivider has received approval of a preliminary plan for a major subdivision and the final plat has not yet been approved by Council, the subdivider and/or the owner of the property shall comply with all of the provisions of this section.
(2) Where a subdivider has received approval of the final plat of a major subdivision by Council, the subdivider shall be exempt from the provisions of this section. The subdivider or owner may, upon application to the City and upon approval and recommendation of the City's Consulting Engineer, obtain an exemption from the requirement of an on-site storm water detention system required by Section 1042.03(a)(1) and from the drainage charge provided in Section 1042.03(a)(2), provided that the storm water detention fee established in this section is paid prior to construction of improvements.
(3) Where a subdivider or developer has obtained a building permit or has received approval from the Planning Commission for a development not requiring a developer's agreement, the subdivider or developer shall be exempt from the application of this section.
(4) Where a subdivider or developer is exempt from the provisions of this section, that subdivider or developer shall comply with and pay fees in accordance with Section 1042.03, governing subdivisions and development prior to the effective date of this section.
(Ord. 44-93. Passed 4-12-93; Ord. 122-22. Passed 11-14-22.)
ATTACHMENT "A"
ATTACHMENT "B"
(Ord. 206-97. Passed 12-8-97.)