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(a) The City shall have the authority to maintain, repair, deepen, widen or clean any and all ditches, watercourses and drainage improvements within the City that either convey public water or have been deemed a nuisance, and such authority shall include the right of ingress to and egress from the ditch, watercourse or drainage improvement. Any existing waters of the State shall need prior approval and authorization from the Federal or State agency governing that waterway before changing the profile of said waterway. Prior to entry upon any property for purposes set forth in this chapter, the City shall provide fifteen days notice to the owner of such property of its intent to enter, and shall use its best effort to cooperate with the owner in accomplishing its purpose unless it is deemed an emergency by the City.
(b) No person shall interfere with, prohibit or obstruct the City or its agents in the exercise of this right.
(Ord. 133-16. Passed 12-27-16.)
The City's right and responsibility in maintaining, repairing, deepening, widening and cleaning all ditches, watercourses and drainage improvements shall be dependent upon the availability of funds for this purpose and the appropriation of such funds therefore by Council.
(Ord. 133-16. Passed 12-27-16.)
(a) For all development of undeveloped property, where the stormwater drainage discharges into a drainage ditch that is located within City rights-of-way, the developer shall be required to enclose the ditch in accordance with a plan approved by the City Engineer. This plan shall take into account the upstream drainage area flowing into the existing drainage ditch.
(b) The installation of sidewalks on developed or undeveloped lands shall include, where necessary, the installation of a storm sewer. The cost, as set forth in subsection (c) hereof, shall be included in the assessment for the sidewalk to be charged against the abutting property owner.
(c) The pipe shall be sized to carry at full-flow capacity the upstream drainage area for a 25-year, 24-hour storm event unless a smaller storm (10-year, 24-hour storm) is deemed acceptable by the City Engineer. If a smaller storm is deemed acceptable, provisions for additional stormwater storage may be needed. Calculations will be submitted and approved by the City Engineer.
(d) The cost of the pipe, up to twelve inches, and for bedding, backfill, yard drains and restoration material, shall be charged to the residential property owner. If a larger pipe is required, the additional cost shall be paid by the City. Costs paid by the City herein will be charged to Fund 271.
(e) All costs for storm sewers, regardless of size, within or servicing residential subdivisions or commercial or industrial developments shall be charged to the sub-divider or developer and included in the sub-divider's or developer's agreement.
(f) Property owners installing or replacing a driveway over a stormwater drainage ditch within City rights-of-way shall meet City specifications and pay all costs for the installation of the storm sewer and an inspection fee.
(g) Section 1050.156 may be exempted if the property owner/developer can show just cause at the approval of the City Engineer.
(Ord. 133-16. Passed 12-27-16.)
No person shall deposit or cause to be deposited into any open or uncovered ditch, swale, drain, sewer, or other water conveyance feature within the City, any dirt, brush or other substance and thereby cause the obstruction or partial obstruction of the same.
(Ord. 133-16. Passed 12-27-16.)
See Chapter 1464 - Flood Damage Prevention for ordinance requirements and definitions.
(Ord. 133-16. Passed 12-27-16.)
(a) The Comprehensive Stormwater Management Plan review, filing, and inspection fees are part of a complete submittal and are required to be submitted to the City before the review process begins. The schedule of fees shall be posted at the applicable City offices. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. See Section 210.01(f) for all fees and deposits pertaining to plan review, including engineering fees incurred during plan review. All required fees and deposits shall be met upon final review and approval of all building and comprehensive stormwater management plans, and prior to the commencing of earth-disturbing activities.
(b) Stormwater Drainage Improvement Fund.
(1) This fund pertains to the following types of improvement:
A. Any residential, commercial, or industrial subdivisions.
B. Individual commercial or industrial sites.
C. Individual home residential that is not within a residential subdivision.
(2) There shall be a charge imposed per gross acre of area to be disturbed based on either the final plat or as deemed acceptable by the City Engineer for properties that will not have a final plat.
(3) The charge shall be six hundred fifty dollars ($650.00) per acre of disturbed land.
(4) Fees will be paid to the Building Department specified in Section 1050.17(a).
(5) Annual adjustment of fees. The stormwater 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 beginning in 2013 by multiplying them by the first Cleveland Construction Cost Index figure published in July, and every year thereafter, divided by 10,115.67, which is the current Engineering News Record construction cost of Cleveland.
(6) The charge provided for in this section shall be placed in a special fund entitled the Stormwater Drainage Improvement Fund No. 273 and shall be used only for the improvement, maintenance (including equipment) and analysis of storm drainage systems in the City.
(c) Stormwater Detention Fee.
(1) 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.
(2) On land which has been previously developed, the stormwater detention fee shall be charged for expansions of or additions to existing structures and construction of any additional structures, except on lots in R-l and R-2 residential subdivisions and on three or fewer acres of land in R-l and R-2 residential uses. The fee shall be computed as follows:
A. Total square feet of area improved, graded or altered from its existing state, divided by 43,560 times the fee per acre as provided in subsection (d) hereof.
(3) Adoption of City-Wide Stormwater Detention Plan. The City-Wide Stormwater Detention Plan prepared by Zwick and Associates, Consulting Engineers, dated March 26, 1993, and any further amendments thereto, are hereby adopted.
(4) There is hereby established a stormwater 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.
(5) 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.
(6) Deposit of funds; use.
A. The City-wide stormwater detention fee shall be paid to Stormwater 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 stormwater 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.
B. The Finance Director is hereby authorized to transfer the amount of twenty-five thousand dollars ($25,000) from the General Fund to Drainage Fund No. 271 for the fiscal year 1995 to provide funding for the cleaning of drainage ditches.
C. Commencing with fiscal year 1996, and each fiscal year thereafter, the first twenty-five thousand dollars ($25,000) of payments received into the Stormwater Detention Fund No. 272 from stormwater detention fees, if available, shall be deposited into the Drainage Fund No. 271.
(7) Payment of fees. The City-wide stormwater 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.
(8) Annual adjustment of fees. The stormwater 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.
(9) If a SCM is required, the City will set off the stormwater detention fee established in this section hereof by an amount equal to the estimated increased construction costs, including the cost of the additional land area to such sub-divider or developer, for the construction of the SCM. The cost shall be approved by the City Engineer, and his or her determination shall be final. The maximum set off shall not exceed the then-current stormwater detention fee.
(Ord. 133-16. Passed 12-27-16.)
The applicant shall not direct runoff through any water quality structures or portions thereof that would be degraded by construction site sediment until the entire area tributary to the structure has reached final stabilization as determined by the City Engineer. This shall occur after the completion of the final grade at the site, after all of the utilities are installed, and the site is subsequently stabilized with vegetation or other appropriate methods. The developer must provide documentation acceptable to the City Engineer to demonstrate that the site is completely stabilized. Upon this proof of compliance, the water quality structure(s) must be completed and placed into service within thirty days unless an extension is granted by the City Engineer. Upon completion of installation of these practices, all disturbed areas and/or exposed soils caused by the installation of these practices must be stabilized within two days.
(Ord. 133-16. Passed 12-27-16.)
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