929.02 POWERS AND DUTIES.

   Pursuant to the Ohio Constitution, the general laws of the State of Ohio and the powers granted in the Charter and ordinances of the City of Cuyahoga Falls, the Cuyahoga Falls Storm Drainage Utility shall acquire, own, construct, equip, operate, repair, improve, extend and maintain within the City limits of the City of Cuyahoga Falls, Ohio, open drainageways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a complete storm drainage system and improvements to and extensions of that system; including without limitation extension, reconstruction and maintenance, dredging, ditching, leaf clearance, and cleaning of that system. The Utility shall also endeavor to minimize by suitable means said system's contribution to flooding, and to seek the cooperation of neighboring jurisdictions in minimizing the contribution of all such systems, and other sources of accelerated runoff, to flooding.

   (a)   The construction, improvement and maintenance of storm drainage facilities within, through or immediately adjacent to new development shall remain the responsibility of the developer in accordance with standards outlined in the City's Codified Ordinances and policies adopted pursuant thereto.

   (b)    The Storm Drainage Utility shall undertake major improvements to storm drainage facilities when authorized by the City Council. To be considered for approval by Council a facility should be either a new storm drainage facility or be a rehabilitation/replacement of existing storm drainage facilities.

   (c)    The Storm Drainage Utility shall maintain all public storm drainage facilities located within city owned land, public right-of-way and public easements, except as otherwise provided in such easements. Public facilities include but are not limited to:

      (1)    Open drainageways owned by the City or where the City has public drainage easements, subject to the conditions of said easements;

      (2)    Piped drainage systems and related appurtenances which have been designed and constructed expressly for use by the general public;

      (3)    Drainageways under bridges or through culverts on, along or within public streets;

      (4)    Roadside drainage ditches within the public right-of-way along public streets;

      (5)    Flood control facilities, (levees, dikes, overflow channels, detention basins, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public.

   (d)    Facilities not qualifying as public facilities include but are not limited to:

      (1)    Private parking lot storm drains;

      (2)   Roof, footing, and area drains;

      (3)    Drains not designed and constructed for use by the general public;

      (4)   Open drainage swales or ditches on private property for which no public easement of record has been granted and accepted;

      (5)    Access drive culverts, to the extent consistent with ordinance;

      (6)    Flood control facilities, (levees, dikes, overflow channels, detention basins, groundwater recharging basins, etc.) that have been designed and constructed expressly for benefit of and use by private property or private development or where the obligation for construction, improvement, and maintenance of such facilities is the obligation of an entity other than the City.

         (Ord. 123-1992. Passed 11-9-92.)