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(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.)
No owner, agent, lessee, tenant or occupant of any lot or land located within the area serviced by the sanitary sewerage system or any extension thereof shall establish, construct, maintain or permit to remain a privy (outdoor toilet), cesspool or other receptacle for sewage, or a connection to a private sewer, ditch or other outlet. This section shall be effective January 1, 1996.
(Ord. 188-95. Passed 12-26-95; Ord. 122-22. Passed 11-14-22.)
(a) Upon City approval of the extension of a sanitary sewer, the City Engineer shall determine the actual costs of construction and installation necessary to bring the sanitary sewer to the lot or parcel of land required to tap in. Except as provided in Section 1042.056, below, the total cost, including restoration, for all such parcels shall be charged in equal amounts to the property owners required to tap in. The City Engineer shall submit these costs to the Clerk of Council, who shall cause written notice to be given to the owner of such lot or parcel of land to which such connections are to be made, by certified mail, addressed to such owner at his or her last known address, or to the address to which tax bills are sent. If it appears, by the return of the certified mail notice or otherwise, that one or more of such owners cannot be found, such owners shall be served by publication of notice once in a newspaper of general circulation within the City. The returned receipt for notice forwarded by certified mail, accepted by the addressee or anyone purporting to act for him or her, shall be prima-facie evidence of the service of notice of the provisions of this section.
(b) In order to mitigate the cost charged to the property owner and to assure that all connections are completed under optimal conditions for safety, health and welfare, such connections shall, wherever possible, be completed during the construction phase of the sewer extension.
(Ord. 21-97. Passed 3-10-97.)
(c) Charges referred to herein shall become due and payable to the City within thirty days of receipt of notice as set forth in subsection (a) hereof. In the event that payment is not made as set forth above, the amount charged to the property owner shall be a lien on the property and said amount shall be certified by the Finance Director to the County Auditor, to be placed on the tax duplicate and collected the same as other taxes as provided by law.
(Ord. 202-97. Passed 12-8-97.)
(d) The charges referred to herein are separate from and do not include tap-in charges required by City ordinances.
(Ord. 21-97. Passed 3-10-97; Ord. 59-03. Passed 4-14-03; Ord. 122-22. Passed 11-14-22.)
When the developer, as defined in Section 1222.02(b)(27), elects to install a sanitary sewer main within an existing dedicated right-of-way, it shall be complete and include all manholes, wyes and laterals for all existing residences along said main. Said laterals shall be stubbed at the property line at the edge of the respective right-of-way to each residential dwelling and be at a depth of not less than 9 feet from the existing finished grade consistent with the City’s Construction Standards. Open cutting of the existing roadway shall not be permitted during installation of laterals, except with the concurrence of the Service Director and the Superintendent of Utilities.
(Ord. 59-03. Passed 4-14-03; Ord. 122-22. Passed 11-14-22.)
(a) Whenever Council deems it necessary, as a sanitary regulation, that sewer connections or laterals be installed, Council shall cause written notice thereof to be given to the owner of each lot or parcel of land to which such connections are to be made or in which sewer laterals are to be installed to serve unimproved parcels, which notice shall state the number and the character of connections required.
(b) The notice shall be served by the Clerk of Council upon the owners of the lots or parcels of land to which such connections are to be made by certified mail addressed to such owner at his or her last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods. If it appears by the return of service or the return of the certified mail notice that one or more of such owners cannot be found, such owners shall be served by publication of the notice once in a newspaper of general circulation within the City. The returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for the addressee shall be prima-facie evidence of the service of notice under this section.
(c) If said connections are not installed within ninety days from the date of service of such notice, the work may be done by the City and the cost thereof, together with a forfeiture of five percent, shall be assessed against the lots and lands for which such connections are made. Any costs incurred by the City for the installation of laterals and sewer connections as required by this section for parcels of land on opposite sides of the City sewer shall be divided equally between the owners of said parcels.
(d) Upon completion of construction of the sewer, the total costs of such construction, as defined in Ohio R.C. 727.08, shall be determined and reported to Council by the City Engineer, and Council shall prepare a list of estimated assessments. Such list shall contain the total cost of construction to each lot or land abutting upon such construction or installation and shall be filed with the office of the Clerk of Council, and shall be available for public inspection.
(e) Notice that such list of estimated assessments has been made and is on file with the office of the Clerk of Council for inspection shall be published for three consecutive weeks in a newspaper of general circulation in the City.
(f) Objections to any assessment shall be filed in writing with the Clerk of Council within two weeks after the expiration of notice set forth herein, and the Clerk shall deliver the objections to Council. Council shall review the written objections and shall adopt an ordinance levying assessments upon lots and lands enumerated in the list of estimated assessments the amount set forth on such list with such changes or corrections as Council shall determine to be proper after consideration of the written objections filed herein.
(g) The ordinance levying assessments shall state the number of annual installments, over which the assessments shall be payable, and shall establish a period of time during which assessments may be paid in cash.
(Ord. 45-99. Passed 5-24-99; Ord. 122-22. Passed 11-14-22.)
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