§ 56.01 PURPOSE.
   This chapter establishes a stormwater management user fee to fund and support the city’s efforts to address the issues presented in the recital provisions of the National Pollutant Discharge Elimination System (NPDES) Phase II stormwater permit and required operation, maintenance and replacement costs. Ohio Environmental Protection Agency (OEPA) NPDES Permit No.; OHQ000004, issued on April 1, 2021 and expiring on March 31, 2026 offers the baseload of requirement for the City's Stormwater requirements. The user fees include general public (institutional, agency, federal, state and local government and the like) and/or property owner user fees. The purpose of the Stormwater Code contained in this chapter is to provide for effective management and financing of a stormwater system utility within the city. To effectively accomplish the management of a stormwater utility, this code shall:
   (A)   Provide for administration, operation, maintenance and inspection of existing and future stormwater management facilities;
   (B)   Protect the public health, safety and welfare by providing a mechanism for mitigating the damaging effects of uncontrolled and unplanned stormwater runoff.
   (C)   Establish and maintain fair and reasonable stormwater management service charges for each lot or parcel in the city which bear a substantial relationship to the cost of providing stormwater management services and facilities.
   (D)   Ensure that similar properties pay similar stormwater management service charges which reflect each property’s quantity of impervious area, because this factor bears directly on the quantity and quality of stormwater runoff generated from developed areas. Charges for single-family detached dwelling units, two-family dwelling units and each housekeeping unit within a multi-family dwelling unit shall reflect the relatively uniform effect that such development has on runoff. Charges for all other properties shall be calculated based on their equivalency of impervious surface compared to single-family detached dwelling units, two-family dwelling units and each housekeeping unit within a multi-family dwelling unit.
   (E)   Provide a mechanism for consideration of specific or unusual service requirements of some non-residential properties accruing to or from properties as a result of providing their own stormwater management facilities.
   (F)   Provide to non-residential property owners a service charge adjustment process to review stormwater charges when unusual circumstances exist which alter runoff characteristics, when service varies from a normal condition or is of greater significance than contribution to runoff.
   (G)   Utilize stormwater management funds for the construction, operation, and maintenance of city stormwater facilities, except where activities or facilities are clearly unusual and in excess of normal level of service city-wide, and that developers are responsible for providing any stormwater facilities required for their project.
   (H)   In order to maintain the effectiveness of the stormwater code, this code shall:
      (1)   Establish a mechanism for appeals and amendments to its provisions.
      (2)   Provide for a procedure for abatement of conditions or activities that are not in the interest of public health, safety or welfare.
      (3)   Provide for its continuous validity through severability of its various provisions.
      (4)   Provide for penalties for violations of its provisions.
   (I)   The Stormwater Utility Department (STWUD) shall establish rules and regulations consistent with this chapter to ensure the effective enforcement and maintenance of the stormwater utility.
   (J)   The STWUD shall have enforcement authority for violations of this chapter and the rules and regulations.
(Ord. 18-09, passed 11-2-09; Am. Ord. 5-10, passed 3-16-10; Am. Ord. 3-18, passed 3-20-18; Am. Ord. 5-18, passed 4-17-18; Am. Ord. 12-22, passed 11-1-22)