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.)