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(a) The Village Engineer may identify lots within the Village which are in need of storm drainage relief based on the following criteria:
(1) The causes of storm drainage issues for which relief is desired are related to the original design and construction of the developments on the properties and not related to changes in the property and its topography by individual owners of lots of record since the original construction of the property;
(2) That the storm drainage problem for which relief is desired cannot be attributed, based on engineering analysis, to actions by individual property owners as opposed to the original developer or the natural topography of the areas for which relief is requested;
(3) The benefit service area shall be a minimum of three or more parcels;
(4) The cause of the lot drainage problem cannot be attributed to a single entity;
(5) Any and easements or right-of-way from all affected property owners shall be made available at no cost to the Village; and
(6) That all affected property owners upon which the relief program is determined necessary by the Village Engineer shall agree to the proposed remediation and the cost sharing as set forth in this section.
(b) The Council and Mayor, based upon a determination by Village Engineer and Village Administrator shall have final approval of such projects and shall schedule the order in which the work is completed and their determination shall be final. Based upon findings of the Village Engineer and other analysis as appropriate, the Mayor and or Council may declare certain areas and/or individual properties of the Village ineligible for this program.
(c) Prior to the start of any work, the affected property owners shall be notified of the total cost for which they will be responsible and a copy of such notice signed by the property owners and acknowledging their agreement to pay within the terms of this section must be received by the Village Treasurer.
(d) All affected property owners shall be required to sign a joint agreement with the Village setting forth the terms and conditions contained in this section and further providing that the property owners shall be responsible for all future maintenance and repairs to the storm water system after its installation. Such agreement shall be in form so that, if the Village elects to do so, it can be recorded on the records of the subject property and/or properties with the County Recorder of Lorain County.
(e) The application of this program to any particular parcel within the Village shall not create a right in other property owners regarding a similar application. The number of applications that may be approved in any year shall be limited by the funds available as established in the annual budget by Council, the availability of Village works for construction of the project, the review of each application by the Village Engineer, and the discretion of the Village Administrator in establishing the priority and scheduling projects.
(f) Upon approval and execution of all documents, the determination of the construction schedule shall be that of the Village Administrator.
(Ord. 15-027. Passed 10-6-15.)