For the purpose of comprehensively addressing the stormwater management needs of the Village through facilities and programs designed to protect property and water resources by controlling the level of pollutants in stormwater runoff and the quality and rate of stormwater received and conveyed by structural and natural stormwater management systems of all types, the Council of the Village of Russells Point finds, determines and declares that it is necessary, appropriate and in the public interest to create, a stormwater management utility to own, operate, maintain, repair, improve or extend the existing stormwater drainage facilities and stormwater management programs serving the Village and its residents, and improvements to and extensions of those Stormwater Drainage Facilities, pursuant to the powers and authority provided under the Ohio Constitution and laws of the State of Ohio and ordinances of the Village of Russells Point.
(a) The Village shall operate its stormwater management system (the "Utility") as a public utility and in such a manner as to provide and maintain open drainageways, underground storm sewers and drains and other stormwater drainage facilities, equipment and appurtenances necessary, useful or convenient to provide a complete and adequate system of stormwater management for the Village and its inhabitants.
(b) This Council further finds, determines and declares that:
(c) As provided in the Village’s Codified Ordinances, the improvement of both public and private stormwater drainage facilities through or immediately adjacent to new developments shall remain the responsibility of the developers.
(d) The Village shall maintain all public stormwater drainage facilities located on Village-owned land and in public rights-of-way and easements. Public facilities include but are not limited to:
(1) Open drainage ways owned by the Village or located in public rights-of-way or drainage easements in the Village;
(2) A piped drainage system and its related appurtenances which has been designed and constructed expressly for use by the general public;
(3) Bridges on public streets;
(4) Roadside drainage ditches within the public right-of-way along streets; and
(5) Flood control facilities (levees, dikes, overflow channels, detention basins, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public.
(e) Facilities not qualifying as public facilities 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;
(5) Access drive culverts; and
(6) Flood control facilities (levees, dikes, overflow channels, dams, detention basins, groundwater recharging basins, etc.) that have been designed and constructed expressly for the 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 Village.
(Ord. 16-1133. Passed 4-18-16.)
(Ord. 16-1133. Passed 4-18-16.)