(a) There is hereby established within the Village a storm water drainage utility, the Village hereby declaring its intention to acquire, own, construct, equip, operate and maintain open drainage ways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a storm water drainage system, including the maintenance, extension and improvement of the present storm drainage system, ("Storm Water Utility").
(b) The Village Administrator shall manage, conduct and control the Storm Water Utility, and is hereby authorized to develop and adopt plans, policies and regulations necessary or desirable for the regulation and operation of said utility.
(c) There is hereby levied, and imposed and assessed to each and every lot and parcel of land within the Village, and the owner thereof that contains impervious area, a Storm Water Utility service charge. The charge so levied, imposed and assessed is not related to the water and/or sanitary sewer service and does not require occupancy of the premises so assessed. Such charge shall be used to pay for establishment, repair, replacement, planning, improvement, operation and maintenance of the Storm Water Utility, to pay the principal and interest on future bonds and notes in accordance with the applicable ordinances, and to pay the amounts, if any, provided for in an agreement made pursuant to Chapter 6121 of the Ohio Revised Code.
(d) There is hereby established a Storm Water Drainage Fund into which Storm Water Utility charges shall be deposited and used for the purposes set forth in subsection (c) above and for the general administration of the Storm Water Utility.
(e) Storm Water Utility 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 to those properties not connected to and/or not charged for Village water and/or sanitary sewer.
(f) Properties subject to a Storm Water Utility Charge shall be divided into residential and non-residential classifications. The residential classification shall be comprised of one, two and three family dwellings. Nonresidential shall include all other properties.
(g) For the use of and the service rendered by the Storm Water Utility, rates and charges shall be payable as hereinafter provided and shall be in an amount determined as follows:
(1) The Storm Water Utility rates and charges shall be based upon the quantity of impervious area situated upon each and every lot, parcel of real estate or building that is situated within the limits of the Village that is connected, directly or indirectly to the storm water system of the Village. All properties having impervious area within the Village will be assigned an Equivalent Residential Unit ("ERU") or a whole multiple thereof, with all properties having impervious area receiving at least one (1) ERU.
(2) All residential properties will be assigned one (1) ERU per residential unit.
(3) Non-residential properties will be assigned an ERU whole multiple based upon the properties' impervious area measured in square feet and divided by 3,865. This division will be calculated to the first decimal place and rounded to the nearest whole ERU according to mathematical convention.
(h) Rates shall be set from time to time by Ordinance of Council and shall at all times be sufficient to assure that the Storm Water Drainage Fund shall be adequately funded as determined by Council. The rate for residential properties shall be $5.00 per month which shall be the Equivalent Residential Unit (“ERU”) based on twelve (12) months per year. The rate for nonresidential properties shall be calculated in multiples of one (1) ERU per 3,865 s.f. per month. After the fifteenth (15th) day of the month a penalty of ten percent (10%) shall be assessed on the current charges and added to the amount due.
(Ord. 2014-2290. Passed 9-11-14.)
(i) Each Storm Water Utility charge levied, imposed and assessed pursuant to this Section is made a lien upon the corresponding lot, parcel of land, building or premises that are connected directly or indirectly to the storm water system of the Village, and, if the same is not paid within sixty (60) days after it shall become due and payable, shall, upon ordinance of Council, be certified to the County Auditor who shall place the same on the tax duplicate of the County with the interest and penalties allowed by law and shall be collected the same as other taxes are collected. In addition, if any charges due hereunder are not paid when due, the Village Solicitor may, upon ordinance of Council, collect them by actions at law in the name of the Village.
(j) The Storm Water Utility rates may, by action of Council and upon the recommendation of the Village Administrator, 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 determined on a case by case basis by the Village Administrator. The maximum rate of reduction shall be 50% of the established rate. Any person aggrieved by a decision of the Village Administrator under this section may appeal to the Court of Common Pleas of Lorain County, Ohio pursuant to Ohio R.C. Chapter 2506.
(Ord. 2014-2287. Passed 8-14-14.)
(Ord. 2014-2287. Passed 8-14-14.)
(k) Stormwater management facilities and improvements are the property owner’s responsibility to inspect, operate, properly maintain, repair and replace. An Inspection and Maintenance Agreement for stormwater management facilities and improvements between the Village and the property owner shall be recorded at the Lorain County Recorder’s Office. Said Agreement shall include an Operation and Maintenance Plan developed and implemented in accordance with the Village of LaGrange Stormwater management standards. Where stormwater management facilities and improvements are located on individual parcels and said facilities and improvements are the responsibility of the parcel owner, the necessary provisions shall be incorporated into the deeds for said parcels to ensure their continuing function as stormwater management facilities and improvements.
(Ord. 2024-2534. Passed 4-11-24.)