CHAPTER 925
Storm Water Utility
925.01   Creation.
925.02   Findings, purpose and policy.
925.03   Powers and duties.
925.04   Storm water utility charges and rates.
925.05   Calculation of storm water utility rate.
925.06   Construction site water runoff control regulations.
925.07   Post construction water quality design regulations.
925.08   Enforcement.
925.09      General discharge prohibitions.
925.99   Penalty.
   925.01 CREATION.
   There is hereby created the Storm Water Utility. Said Utility shall be under the direction and supervision of the Director of Public Works, as provided in this Chapter.
(Ord. 2011-030. Passed 7-19-11.)
   925.02 FINDINGS, PURPOSE AND POLICY.
   The purpose of this Chapter is to promote the general health, safety and welfare of the citizens of the City of Norwalk, Ohio, by regulating the discharge, distribution and treatment of storm water within the City in compliance with local, state and federal laws and regulations. The Council of the City of Norwalk, Ohio, finds that the installation and construction of impervious surfaces upon the lands and lots within the City result in storm water that is not absorbed or disposed of upon such property; that such storm water is discharged, directly or indirectly, into the storm water system of the City; and that by reason thereof, all such properties located within the City bearing impervious surfaces are connected to the City’s storm water system.
(Ord. 2011-030. Passed 7-19-11.)
   925.03 POWERS AND DUTIES.
   (a)   The Storm Water Utility shall acquire, own, construct, equip, operate, repair, improve, extend and maintain within the City limits of the City of Norwalk, Ohio, open drainage- ways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a storm water 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.
   (b)   The Storm Water 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.
   (c)   The Storm Water Utility shall also endeavor to minimize by suitable means the effects of surface storm water runoff and may adopt and enforce reasonable regulations in relation thereto.
   (d)   The Storm Water Utility shall undertake major improvements, including but not limited to rehabilitation and replacement of existing facilities, to storm drainage facilities when deemed necessary.
   (e)   The Storm Water 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 drainage-ways 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)   Drainage-ways under bridges or through culverts on, along or within public streets;
      (4)   Roadside drainage ditches within the public right-of-way along public streets.
   (f)   The Storm Water Utility shall have the authority to regulate storm water drainage and runoff on and from private property. The Storm Water Utility may regulate the construction, improvement and maintenance of storm drainage facilities on private property within, through or immediately adjacent to new development, which facilities shall remain the responsibility of the developer in accordance with the City’s Engineering Standards for Infrastructure Construction and policies adopted pursuant thereto.
   (g)   Facilities not qualifying as public facilities but which are subject to regulation by the Storm Water Utility 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.
      (7)   Parcels that are graded so as to drain or direct surface water run-off toward any of the above or any public facility.
         (Ord. 2011-030. Passed 7-19-11.)
   925.04 STORM WATER UTILITY CHARGES AND RATES.
   (a)   The Council of the City of Norwalk finds that property within the City is furnished storm water utility service in proportion to the amount of the property’s impervious surface. Based on the engineering evaluation of impervious surface typical for various uses throughout the City, it is found and determined that the basic unit of service shall be the Equivalent Residential Unit (ERU) which is determined to equal 3,800 square feet. All properties with impervious surfaces are deemed connected to the Storm Water System, directly or indirectly. As a condition of connecting or remaining connected to the Storm Water System, the owner of the property shall pay the Storm Water Utility Fee provided in this section.
(Ord. 2011-030. Passed 7-19-11.)
 
   (b)   For the purpose of providing funding for the Storm Water Utility and all services provided thereby, commencing the first day of March, 2012, there is hereby levied and imposed a fee for storm water utility services, as provided in Section 925.03, upon all lots and lands within the City of Norwalk which have been improved by the construction or installation of improvements with impervious surfaces including, but not limited to, structures, driveways, access roads and parking lots. The charge shall be a monthly amount equal to the Storm Water Utility Rate, as determined in Section 925.05, multiplied by the number of Equivalent Residential Units (ERUs) assigned to that property.
(Ord. 2013-004. Passed 1-29-13.)
 
   (c)   All improved property within the City, as defined in paragraph (b) above shall be deemed to be furnished storm water utility service equivalent to not less than one ERU. All conventionally developed (excluding conditionally permitted and non-conforming uses) improved residential properties approved for three families or less shall be deemed to be furnished service equivalent to one ERU. All other improved properties, as defined in paragraph (b) above shall be deemed to be furnished service equivalent to multiples of the ERU derived by dividing the square foot area of the property by 3,800, rounded to the next whole ERU, as calculated for individual properties by the Public Works Director, but in no event less than one ERU.
 
   (d)   The fee provided herein shall be billed on a monthly basis, as a storm water utility charge on the monthly water and sewer utility bill, for all property that is served by the City water and sewer utility. Owners of all property not served by the City water and sewer utility shall be billed on a semi-annual basis as a storm water utility charge. All bills for fees established under this chapter shall become due and payable in accordance with the rules and regulations of the City and shall remain the obligation of the owner of record of the property served. Payments received on the monthly water and sewer utility bill shall be applied first to the payment of the storm water utility charge.
 
   (e)   All fees collected hereunder shall be deposited in the Storm Water Utility Fund which shall be kept as a fund to be used for the purposes provided in this chapter.
 
   (f)   If any fees and charges provided herein shall not be paid when due, the Director of Finance may cause such delinquencies to be certified to the County Auditor and become a lien upon the property for collection with property taxes.
 
   (g)   Any person aggrieved by a decision of the Director of Public Works may file an appeal in writing to the Director of Safety/Service within fifteen days of the decision of the Director of Public Works.
 
   (h)   The Director of Safety/Service is authorized to hear appeals regarding disputes and complaints brought by owners and non-owners concerning the application of the Storm Water Utility fees, including the authority to make adjustments as appropriate which may include but shall not be limited to:
      (1)   Calculation of the total number of building units assigned to a property that are claimed to be incurred due to alleged inaccuracies in data utilized by the billing staff.
      (2)   Adjustments arising from a break in billing units due to change in property ownership, account responsibility or similar matters.
 
   (i)   Any appeal must be filed in writing, must describe the specific error alleged, and contain reasoning from the appealing party that justifies the appealed issue. The Director of Safety/Service may request additional information from the appealing party and the decision of the Director of Safety/Service shall be final.
(Ord. 2011-030. Passed 7-19-11.)
   925.05 CALCULATION OF STORM WATER UTILITY RATE.
   (a)   For the purposes of this chapter, the following terms have the meanings indicated:
      (1)   “ERU” means the equivalent residential unit as established in Section 925.04.
      (2)   “ERUCw” means the total equivalent residential units in the City.
      (3)   “OM” means the annual operation and maintenance appropriate to the Storm Water Utility.
      (4)   “D” means debt service appropriations including principal and interest payments due on current obligations of the Storm Water Utility.
      (5)   “C” means annual capital expense appropriation for the Storm Water Utility.
      (6)   “SWRF” means annual contributions to the Storm Water Utility system replacement fund.
      (7)   “SWF” means annual contributions to the Storm Water Utility system reserve fund.
      (8)   “SWUR” means the storm water utility rate to be applied in accordance with Section 925.04.
   (b)   The Storm Water Utility Rate (SWUR) shall be calculated in accordance with the following formula:
      SWUR = OM + D + C + SWRF + SWF
               ERUCw
   (c)   The Storm Water Utility Rate (SWUR) shall be calculated by the Director of Finance in accordance with subsection (b) on an annual basis by December 31 and shall become effective on January 1 of each year.
(Ord. 2011-030. Passed 7-19-11.)
   925.06 CONSTRUCTION SITE WATER RUNOFF CONTROL REGULATIONS.
   (a)   No building already erected shall hereafter be altered, repaired, moved, rebuilt or added to in any manner, nor shall any new building or structure be erected, nor shall any property be developed or redeveloped except in compliance with the requirements for construction site runoff set forth in the City's Engineering Standards for Infrastructure Construction.
   (b)    No building already erected shall hereafter be altered, repaired, moved, rebuilt or added to in any manner, nor shall any new building or structure be erected, nor shall any property be developed or redeveloped except in compliance with the most recent General National Pollutant Discharge Elimination System (NPDES) permit for authorization of stormwater discharges associated with construction activities issued by the Ohio Environmental Protection Agency and in effect at the time of such altering, repairing, moving, rebuilding, erection, development, or redevelopment. (Ord. 2022-013. Passed 4-5-22.)
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