(a) It is hereby declared to be in the best interest of the Village to form a structure and procedures designed to better manage stormwater and provide for storm drainage improvements thus reducing combined sewer overflows, recognizing that all real property within the Village should therefore be assessed against such property.
(b) There is hereby established in the Village a Stormwater Utility, the Village hereby declaring its intention to acquire, own, construct, equip, operate and maintain open drainageways, underground storm drains, equipment, appurtenances necessary, useful, or convenient for a complete stormwater drainage system, including the maintenance, extension, and improvement of the present storm drainage system.
(c) The Board of Public Affairs shall manage, conduct, and control the Stormwater Drainage Utility, and is authorized to develop and adopt plans, policies, and regulations necessary or desirable for the regulation and operation of said utility.
(d) There is hereby levied and imposed upon all premises which have been improved within the Village just and equitable charges for storm drainage service or subsequent service maintenance, operation, and extension, and to establish a Storm Drainage Fund for the foregoing purposes.
(e) Said charges shall be collected with the monthly water bill of water users, billed with sanitary sewer for those connected to sewer alone, or billed alone as a storm drainage charge for those users not connected to and/or not charged for Village water and/or sanitary sewer.
(f) Said charges shall be paid monthly by those liable therefor, and placed in a Storm Drainage Fund to be used only for the purposes stated within.
(g) It is hereby determined that property is furnished service in proportion to the amount of the property's impervious surface. The basic unit of service is 3,166 s.f. of impervious surface applicable to all conventionally developed residential properties. All other properties shall be furnished service equivalent to multiples of basic service units of 3,166 s.f. of impervious surface as calculated for individual properties by the Village Board of Public Affairs.
(h) Rates shall be set by action of Council. In no year shall the operating fund of the utility show a loss.
(i) The rate for residential properties, which is based on a unit of service of 3,166 s.f., shall be four dollars ($4.00) per month. All other properties shall be billed at multiples of basic service units of 3,166 s.f. per month.
(j) The established rates may be reduced for a property, other than a conventionally developed one or two family property, where approved runoff control measures have been implemented. Review and analysis of these measures shall be handled on an individual case basis by the Board of Public Affairs. The maximum rate reduction shall be fifty percent (50%) of the established rate. Any person aggrieved by a decision of the Board of Public Affairs under this section may appeal to the Court of Common Pleas of Ottawa County, Ohio, pursuant to Ohio R.C. Chapter 2506.
(k) The owner of any property subject to a charge provided herein shall pay the same, when due, to the Village. If any charges due hereunder are not paid when due, the Law Director shall collect them by actions at law in the name of the Village.
(l) After the project is completed and all costs are paid, this fund shall be terminated.
(Ord. 011-94. Passed 6-28-94.)