1056.10 ESTABLISHMENT OF A STORMWATER MANAGEMENT ENTERPRISE FUND; DISPOSITION OF REVENUES OF THE UTILITY.

   (a)   Pursuant to and in accordance with Ohio R.C. 5705.09(G), there is hereby established a special, segregated and distinct sewer fund, to be known as the "Stormwater Utility Fund No. 633". All moneys collected as service charges and interest and penalties thereon, and any other revenues or receipts of the utility, shall be deposited in said Stormwater Management Enterprise Fund. The moneys in the Stormwater Management Enterprise Fund shall be used only to pay:

      (1)   Costs of providing the utility's stormwater management programs;

      (2)   Costs of operating, maintaining, repairing and replacement of the capital facilities of the stormwater drainage system;

      (3)   Costs of planning, design, acquisition, construction, reconstruction, improvement, and extension of capital facilities of that system;

      (4)   Educational and other programs and measures as needed to meet applicable Federal and State mandates; and

      (5)   Debt service on obligations incurred and to be incurred for capital facilities of that system and to maintain adequate fund reserves to provide for reasonable expected variations in the collection of services charges, in the cost of providing services, and in the demand for services.

   (b)   The moneys in the Stormwater Management Enterprise Fund shall not be used for general or other governmental or proprietary purposes of the City, except to pay for costs incurred by the City in rendering services associated with the utility. For that purpose, the City Council may adopt a cost allocation plan that identifies, accumulates, and distributes allowable direct and indirect costs that may be paid from the Stormwater Management Enterprise Fund, and that prescribes a method for allocating those costs. The plan shall authorize payment of only those costs incurred by the utility, or a Federal or State grant program, and those costs incurred by the General and other funds of the City for a common or joint purpose, that are necessary and reasonable for the proper and efficient administration of the utility and properly attributable to the Stormwater Management Enterprise Fund. The plan shall not authorize payment from the Stormwater Management Enterprise Fund of any general government expense required to carry out the overall governmental responsibilities of the City.

(Ord. 105-17. Passed 1-8-18.)

1056.11 CREDITS.

   All developed parcels are required to pay the calculated stormwater fee. No credits/reductions to this baseline are available outside of the education credit detailed below. The City recognizes that non-residential properties are required by law to provide stormwater detention and water quality treatment onsite. Meeting the mandated requirements for stormwater management is not a basis for exemption. The educational credit available to schools for providing stormwater management education classes is outlined below. As stated, this is the only available credit.

   (a)   Education Credit for School Institutions. Elementary, middle, and high schools that provide educational activities regarding watershed pollution and protection, surface and groundwater resources, and the effects of urbanization on these resources will assist the City in achieving public outreach and education as required by the NPDES permit. Therefore these facilities are eligible for a seventy-five percent reduction in the stormwater management utility fee for the school site. The credit is subject to the following conditions:

      (1)   The institution is an accredited K-12 educational institution that serves at least fifty students on a property parcel;

      (2)   The education outreach is designed to reach every student in the school at least once during their time at that school location;

      (3)   The educational activities shall consist of a minimum of one hour of instructional content specific to watershed education. Approved topics include but are not limited to:

         A.   The natural water cycle as well as the urban water cycle, including water and wastewater treatment;

         B.   The watershed concept, stream formation, and causes of erosion and flooding;

         C.   Effects of stormwater and surface water pollution on Northeast Ohio rivers, streams, and Lake Erie;

         D.   Stormwater runoff pollution prevention;

         E.   Water conservation and its relevance in water-rich Northeast Ohio;

         F.   Watershed management, topography, and the geologic history of our region; or

         G.   The function and ecosystem services provided by streams, wetlands, and floodplains for flood control and erosion control; and

      (4)   The institution will provide documentation of curriculum taught and verification of the number of students that received instruction annually. Documentation should include specifics of curriculum and/or lesson plans. For topics that are independent of those listed above, prior review and approval of lesson plans by the Administrator is required to be eligible for the credit.

   (b)   Restrictions. Separate parcels owned by the school or school district such as administrative, transportation, or maintenance facilities where no educational curriculum is delivered, as well as closed school facilities, are not eligible for the education credit.

   (c)   Credit Application Procedure. Applications must be submitted with all required documentation as described herein. Applications can be submitted via e-mail to Service Department or via mail to 35400 Schneider Court, Avon, Ohio 44011. Applications must be received by the close of business every June 15th. All schools shall receive the seventy-five percent credit at the commencement of this legislation. To continue to receive said credit, a school will be required to comply with the provisions of this section by June 15th, 2018 and every year thereafter.

   (d)   Processing. When an application is received, the City will conduct an administrative completeness review of all submitted materials. If the application is not complete, the City will contact the applicant and request the additional information necessary to complete the application. Following the receipt of a complete application, the City will provide a complete review and the applicant will be notified in writing within twenty business days if an application is approved or denied. Denied requests may be resubmitted addressing City comments and must be received no later than the close of business August 1. Only one resubmittal is permitted. The second review is the final decision for that calendar year. There is no further appeal. To receive the education credit, applicants must submit the documentation listed below to the Avon Service Department, 35400 Schneider Court, Avon, Ohio 44011 (email: [e-mail]):

      (1)   Education credit application;

      (2)   Lesson plan form; and

      (3)   Final report form, which will include grade levels using the curricula (must be at least twenty-five percent of all grades at school or school district), as well as estimated number of students reached each school year. Final report form must be received by the City no later than June 15th of the applicable school year.

   (e)   Recertification.

      (1)   The education credit is valid for one year. The school must reapply every year to continue to receive the credit.

      (2)   Failure to submit the required documentation by June 15th will result in elimination of the credit.

(Ord. 105-17. Passed 1-8-18.)

1056.12 APPEAL.

   The single-family residential fee will be a flat rate for each dwelling unit, or ERU, and cannot be adjusted. For double and multi-family properties, the number of units on a property can be reviewed. For non-residential properties, the calculated ERU's can be reviewed. All appeals shall be directed to and handled by the Service Director. The process for making an official appeal is as detailed below:

   (a)   Complete "Stormwater Utility Fee Appeal Form A- Initial Review", available online at [e-mail] or at the Service Department, 35400 Schneider Court, Avon, Ohio 44011.

   (b)   Completed forms shall be submitted to the Service Department, via email or in person.

      (1)   Submittal of the appeal will trigger verification of the impervious area calculation or the number of dwellings by the Engineering Department utilizing available City of Avon Geographic Information System (GIS) information. Formal response with the results will be provided to the property owner within twenty-one days of receipt of the appeal form.

   (c)   In the case that the appeal is approved, the stormwater bill issued prior to submittal of the appeal will be revised to reflect the new calculated ERU. All future stormwater bills will be likewise revised. Stormwater bills issued for billing cycles prior to submittal of the formal appeal form will NOT be revised.

   (d)   In the case that the appeal is rejected, further dispute by the property owner may be submitted within thirty days. This appeal must be initiated by submission of the "Stormwater Utility Fee Appeal Form B- Secondary Review" form, available online (www.cityofavon.com) or at the Service Department (Utilities Building, 35030 Detroit Road) and must include detailed information regarding the property's impervious area. This information shall include drawings and calculations signed and stamped by a licensed professional surveyor within the State of Ohio. Specifically the property owner shall submit:

      (1)   A current (within the past twelve months) surveyed drawing outlining the limits of impervious area within the property; and

      (2)   Certified calculation of the impervious area.

   (e)   The submitted detailed information will be reviewed by the Service Director, and the property owner will receive a final formal response within fourteen days of receipt of the detailed information. No appeal after this notification will be received. The decision of the Service Director shall be final.

(Ord. 105-17. Passed 1-8-18.)

1056.13 EFFECTIVE DATE.

   Stormwater service charges shall accrue beginning January 1, 2018 on all existing property owners who meet the criteria set forth herein and shall be billed monthly thereafter. For all new construction, charges shall commence and be payable with their initial water bill.

(Ord. 105-17. Passed 1-8-18.)