1050.17   FEES.
   (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.)