1351.02  DOWNSPOUTS AND DOWNSPOUT DISCONNECTION.
   (a)   Definitions.  The following words and phrases when use in this section shall mean the following:
      (1)    "Downspout" means a pipe, usually of metal or plastic, for carrying rainwater from roof gutters.
      (2)    "Gutter" means a metal or wood trough at the eaves of a roof to carry rain water from the roof the downspout.
      (3)    "Hub" means the enlarged end of a pipe which is made to provide a connection into which the end of the joining pipe will fit.
      (4)    "Rainwater Leader" or "Downspout Shoe" means the bottom downspout gooseneck that directs the water from the downspout to the extension or splash block at the grade.
      (5)    "Splash Block" means a small masonry block laid with the top close to the ground surface to receive roof drainage from downspouts and to carry it away from the building.
   (b)    Purpose and Intent. The purpose and intent of this section is to require downspouts, regulate downspout connections, and to authorize, under certain circumstances, downspout disconnections that will remove storm water from entering bodies of water and, thereby, assist with storm water management and erosion control efforts.
   (c)    Downspouts, Storm Sewer Available. Except as herein provided, all downspouts on all dwellings, as defined in Section 1123.03(b)(30) of the Codified Ordinances, buildings and structures shall be mechanically connected to the storm sewer or to an approved storm sewer facility when a storm sewer or such storm sewer facility is available and abutting the property.
      (1)    Downspout Disconnection.  Dwellings and detached buildings accessory to a dwelling and all other buildings and structures may discharge roof rainwater leaders, conductors, or downspouts to finished grade. All discharges to finished grade for reasons of lion-connection or disconnection of a previously connected system must meet all of the following provisions:
         A.   The point of discharge must be a minimum of two (2) feet from a basement or foundation wall or alley property line and five (5) feet from all other property lines;
         B.    Splash block or other erosion control measures must be implemented to ensure discharge is distributed as sheet flow away from the building;
         C.    The discharged water mustflow parallel to or away from the nearest property line;
         D.    The discharged water shall not discharge to a street, roadside ditch, alley or any other public way, and/or body of water;
         E.    The discharged water shall not create icy conditions on pedestrian walkways within or adjacent to the subject premises lot lines; and
         F.    The downspout hub shall be sealed with a one inch (1") concrete cap or in a manner approved by the Village Engineer.
      (2)    Waiver of Downspout Requirement. An owner of a dwelling or building or structure subject to this section may request that the Village Engineer waive the provisions of this subsection (c) upon submission to and acceptance by the Village Engineer of a storm water discharge system designed by a registered professional engineer for purposes of complying with the intent of this section.
   (d)    Downspouts, Storm Sewer Not Available. When a storm sewer is not available, the roof rainwater leaders, conductors or downspouts shall discharge to a grade and must meet all of the following provisions:
      (1)   The point of discharge must be a minimum of two (2) feet from a basement, a foundation wall or alley property line and five. (5) feet from any other property line.
      (2)    Splash block or other erosion control measures must be implemented to ensure discharge is distributed as sheet flow away from the building.
      (3)   The discharged water must flow parallel to or away from the nearest property line.
      (4)    The discharged water shall not discharge to a street, roadside ditch, alley or any other public way, and/or body of water.
      (5)    The discharged water shall not create icy conditions on pedestrian walkways within or adjacent to the subject premises lot lines.
   (e)    Penalty.  Whoever violates any provision of this section or fails to comply with any lawful order issued pursuant thereto is guilty of a misdemeanor of the first degree. Each day during which non-compliance or a violation continues shall constitute a separate offense.
(Ord. 2012-38.  Passed 5-9-12.)