Loading...
Council finds, determines and declares that the stormwater system, which provides for the collection, treatment, storage and disposal of stormwater provides benefits and services to all property within the City limits. Such benefits include, but are not limited to: the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater; the reduction of hazards to property and life resulting from stormwater runoff, improvements in general health and welfare through reduction of undesirable stormwater conditions; and improvements to the water quality in the stormwater surface water system and its receiving waters.
(Ord. 47-08-0. Passed 10-27-08.)
(a) The function of the newly created Stormwater Utility within the Department of Public Works is to provide for the safe and efficient capture of stormwater runoff, mitigate the damaging effects of stormwater runoff, correction of stormwater problems; fund activities of stormwater management, including, but not limited to, design, planning, regulation, education, coordination, construction, operations, maintenance, inspection and enforcement activities.
(b) It is the express intent of this newly created Stormwater Utility to protect the public health, safety and welfare of people, property and the environment, in general, but not to create any special duty or relationship with any individual person, or to any special parcel within or outside the boundaries of the City. The City expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages or equitable remedies upon the City, its elected officials, officers, employees and agents arising out of any alleged failure or breach of duty or relationship.
(Ord. 47-08-0. Passed 10-27-08.)
The Stormwater Utility shall be coordinated with other utilities in the Department of Public Works and shall be under the management of the Director of Public Service and Safety. Said Director shall have the authority to petition on behalf of the City for ditch and stream maintenance on the county and state levels for areas outside of the city limits, should the petition be necessary for the efficient operation of the Stormwater Utility. Further, the Director may authorize participation in, and enter into contracts on behalf of the City for drainage improvements outside of the City limits that directly benefit and enhance the efficient operation of the Stormwater Utility. (Ord. 47-08-0. Passed 10-27-08.)
Council hereby adopts the following definitions related to the Stormwater Utility:
(a) “Abatement” means any action taken to remedy, correct or eliminate a condition within, associated with, or impacting a drainage system.
(b) “Approved plan” means plans approved according to a permit and plan review process, which will govern all improvements made within the City that require stormwater facilities or changes or alterations to existing stormwater facilities.
(c) “Code” means the Celina Codified Ordinances.
(d) “Combined sewer” is a sewer system that is designed to convey sanitary sewage, industrial waste and stormwater.
(e) “Detention” is the temporary storage of stormwater runoff in a basin, pond, or other structure to control the peak discharge rate by holding the stormwater for a lengthened period of time.
(f) “Detention Facility” means an area designed to temporarily store excess stormwater.
(g) “Director” means the Director of Public Service and Safety, City of Celina, Ohio.
(h) “Facilities” means various stormwater and drainage works that may include inlets, pipes, pumping stations, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components.
(i) “Infiltration” is a complex process of allowing runoff to penetrate the ground surface and flow through the upper soil surface.
(j) “NPDES” means National Pollutant Discharge Elimination System.
(k) “NPDES Permit” means a permit issued to the City pursuant to the 1972 Federal Clean Water Act.
(l) “Peak Discharge” or “Peak Flow” is the maximum rate of flow of water passing a given point during or after a precipitation event.
(m) “Private Stormwater Facilities” are various stormwater and drainage works not under the ownership of the City, County, State and/or Federal Government which may include inlets, conduits, pipes, pumping stations manholes, structures, channels, outlets, catch basins, curb and gutter, ditches, retention or detention basins, and other structural components and equipment designed to transport, move or regulate stormwater.
(n) “Public Stormwater Facilities” are various stormwater and drainage works under the ownership of the City, County, State and/or Federal Government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, and other structural components and equipment designed to transport, move or regulate stormwater.
(o) “Public Stormwater Open Channel” means all open channels, which convey, in part or in whole, stormwater and are owned by the City, and which have a permanent drainage/easement granted to the City.
(p) “Retention” is the holding of stormwater runoff in a constructed basin or pond or in a natural body of water without release except by means of evaporation, infiltration or emergency bypass.
(q) “Retention Facility” means a facility, which provides storage of stormwater runoff and is designed to eliminate subsequent surface discharges.
(r) “Stormwater” means stormwater runoff, snowmelt runoff, surface runoff, and drainage.
(s) “Storm Sewer” means a sewer, piping or natural structure, which carries stormwater, surface runoff, street wash waters, and drainage, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water.
(t) “Stormwater System” means all facilities, structures and watercourses, whether man-made or natural, owned by the City, used for collection and conducting stormwater to, through and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: conduits and appurtenant features, canals, creeks, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, streets, curbs, gutters, dams, floodwalls, levees and pumping stations.
(u) “Excess Stormwater” means that portion of stormwater, which exceeds the transportation capacity of storm sewers or natural drainage channels serving a specific watershed.
(v) “Dry Bottom Stormwater Storage Area” means a detention facility designed to be normally dry and contain water only when excess stormwater runoff occurs.
(w) “Wet Bottom Stormwater Storage Area” means a detention facility designed to be maintained as a pond or free water surface, and which has the capacity to contain excess stormwater runoff.
(x) “Vacant Property” means a parcel of land on which no improvements have been made and contains no impervious surface.
(Ord. 47-08-0. Passed 10-27-08.)
Council may establish a mechanism for funding the activities of the Stormwater Utility. Funding for the Stormwater Utility’s activities may include, but is not limited to: Stormwater service charges and surcharges; Stormwater permits and inspection fees; other funds or income obtained from federal, state, or local governments, and private grants, or loans.
(Ord. 47-08-0. Passed 10-27-08.)
(a) All properties having impervious area within the Corporation limits of the City of Celina shall be charged a Stormwater Utility fee with a Base Rate of an Equivalent Residential Unit (ERU) equal to three thousand eighty-three square feet (3,083 s.f.) or a multiple thereof, with all such properties having an impervious area receiving at least one (1) ERU as follows:
(1) Residential properties. All residential properties will be assigned one (1) ERU. A flat rate service charge of two dollars ($2.00) shall apply to all residential properties.
(2) Non-residential properties. Non-residential properties will be assigned an ERU multiple based upon each property’s individually measured impervious area (in square feet) divided by 3,083 square feet (1 ERU). This division shall be multiplied by two dollars ($2.00) and shall be calculated to the nearest whole number and rounded according to mathematical convention.
(b) The collections, based on the rates set forth in subsection (a) hereof, shall be effective January 1, 2009, and will be reflected in the monthly utility billings issued on the first of January 2009 and thereafter. Late payment penalties shall be added as prescribed within the current Celina Utilities Policy, Rules and Regulations.
(c) To mitigate the effects of annual inflationary increases to supplies and materials and to efficiently fund operations, maintenance, current and pending capital improvements, and debt service of the stormwater system improvement program, an increase to the base ERU of five percent (5%) shall be implemented on the first day of January of each year for the time period beginning January 2010 through January 2019, unless modified or amended by Council action.
(Ord. 52-08-0. Passed 12-15-08.)