921.02  STORM WATER RUNOFF.
   (a)   Performance Standards.  No person, firm, corporation, public agency, partnership, or association shall develop any real property and accelerate or concentrate the runoff of storm water without complying with the following performance standards:
      (1)   For all watershed areas, the storm drainage system(s) shall be designed and constructed so that the post-development storm water runoff is equal to, or less than the storm water runoff from the watershed in its natural state; or equal to or less than the capacity of the downstream storm drainage system(s), whichever is less.
      (2)   For all developments, the storm drainage system(s) shall be designed and constructed so that the post-development storm water runoff is equal to or less than the storm water runoff from the development area in its natural state; or equal to or less than the development’s proportional share of the capacity of the downstream storm water drainage system(s), whichever is less.
   (b)   Storm Drainage Design.  The criteria to be used for the design of storm drainage systems shall be that as set forth in the Uniform Standards for Sewage and Drainage Improvements as adopted by the Cuyahoga County Sanitary Engineering Department, the City of Cleveland, the Cleveland Regional Sewer District, the Cuyahoga County Municipal Engineers Association, the Ohio Environmental Protection Agency and the Northeast Ohio Areawide Coordinating Agency.
   (c)   Storm Water Runoff Control.  The control or reduction of post-development storm water runoff, may be accomplished by the use of storm water detention basins, underground storm water detention facilities, or other methods approved by the City of Brooklyn.
   (d)   Ownership.
      (1)   The developer shall either give the City clear title to the storm water detention facility site while reserving to himself the right to use this area for recreation purposes, or grant the City an easement over such site, thereby giving the City the right to determine what other areas of the City may use this site to reduce the storm water runoff from another development.
      (2)   Should a developer request to use any excess or surplus water storage capacity in a particular off-site detention facility, owned or controlled by the City, as a substitution for all or part of the water storage volume required to reduce the developed storm water runoff from his development, upon the recommendation of the City Engineer or the City’s Consulting Engineer and upon the approval of Council, the City may enter into such an agreement with the developer, providing the developer assumes all costs associated therewith.
   (e)   Applicability.  The provisions herein shall be applicable to all developments of 5.0 acres or larger.
   (f)   Approvals.  The storm water detention facility shall be part of the conceptual and detailed plans for the development and must have the approval of the Council, Planning Commission, City Engineer, City Architect or other reviewing Boards or Committees, as required by the City of Brooklyn.
   (g)   Penalty.  Whoever violates any provision of this section is guilty of a misdemeanor of the second degree on the first offense and a misdemeanor of the first degree on the second or any subsequent offense.
(Ord. 1987-1.  Passed 1-5-87.)