(a) There is hereby established a STORMWATER INFLOW AND INFILTRATION ELIMINATION PROGRAM (the Program) for the purpose of aiding property owners in the City of Stow to decrease the amounts of inflow and infiltration into the County's sanitary sewer system (the System) to levels consistent with requirements of the United States and State of Ohio Environmental Protection Agencies, and as necessary to improve a substandard sewer system through assessments, payment of certain grants and waiver of local fees. Assessments and Grants under the Program shall be for the purpose of (i) rehabilitating and reconstructing deteriorated private lateral sewers which are tributary to the System, (ii) disconnecting roof downspouts, exterior foundation drains and/or other collectors of storm water, surface runoff or ground water which are connected to lateral sewers tributary to the System causing the inflow and infiltration of stormwater into the System, (iii) replacing related inadequate or poorly functioning sump pumps as necessary and appropriate and/or (iv) other remedies as to correct substandard stormwater conditions throughout the City.
(b) Grants and other aid made under the Program shall be payable by the City from moneys available in the Stormwater Management Enterprise Fund and shall be limited in amount as follows:
(1) Where the resident and property owner in the areas described in this section have constructed said improvements at any time, in anticipation of an assessment from Summit County or the City of Stow, and based on an order from Summit County, the resident shall be eligible to apply for reimbursement or credit from the City of Stow in an amount that is the lesser of (i) twenty percent (20%) of the amount of the final assessment to be levied from Summit County or the City of Stow for the cost of the improvements described in (a) of this section, and excluding personnel labor or (ii) one thousand dollars ($1,000) excluding personnel labor. Residents who have completed construction of said improvements without mandate from the City or County at any time after January 1, 2023 shall also be eligible to apply for reimbursement or credit from the City of Stow in the amounts described above. The Director of Public Service is hereby authorized to set forth regulations for the resident/property owner to submit application to the City for reimbursement described in this section. Upon submission of proper documentation as set forth by the Service Director, the application for reimbursement shall be referred to the Board of Control for consideration of reimbursement. Final regulations for implementation of this program shall be approved by City Council.
(2) Through the Stormwater Inflow and Infiltration Elimination Program, a resident/property owner in the City may request the City of Stow to eliminate inflow and infiltration through an assessment program whereby the City of Stow, through its open bidding ordinances, will make the necessary corrections as necessary when requested by a residential property owner, through an independent contractor hired by the City of Stow at prevailing wage rates when applicable. The Director of Public Service is hereby directed to set forth regulations for implementation of the program. Said regulations shall set forth all necessary aspects of the City of Stow assessment option or a direct payment option, including interest rates, waiver of local fees and the duration of assessment. A copy of said regulations shall be given to each applicant herein. The Director of Public Service shall have authority to make final determinations regarding the implementation of this program. When funds are used pursuant to the Stormwater Management Enterprise Fund, the City of Stow shall regulate the program pursuant to the terms and conditions adopted by the Board of Control. Final regulations for implementation of this program shall be approved by City Council.
(c) A resident/property owner may contract separately to make the necessary corrections, with or without a mandate from Summit County, through an independent and licensed contractor and request the City of Stow for a grant reimbursement in the amounts described in subsection (b) assess them for the cost of the repair. County and City of Stow approval must be received for the completed project prior to any invoice being submitted to the City of Stow for the purpose of requesting assessment under the City of Stow assessment program or for credit or reimbursement pursuant to the grant program described in subsection (b)(1). The Director of Public Service is hereby directed to set forth regulations for implementation of the program. Said regulation shall set forth all necessary aspects of the assessment option or a direct payment option, including interest rates, fees and the duration of assessment. A copy of said regulations shall be given to each applicant herein. The Director of Public Service shall have authority to make final determinations regarding the implementation of this program. Final regulations for implementation of this program shall be approved by City Council.
(d) Said regulations as promulgated by the Director of Public Service and as contained in subsections(b), (c) and (d) above, shall at a minimum, provide for:
(1) The City shall waive any Stow permit, inspection and license fees for persons participating in the City of Stow Stormwater Inflow and Infiltration Elimination Program assessments.
(2) Fiscal oversight of the Program by the Board of Control, as applicable.
(e) The authority for grants and certified assessments made available in subsection (b) above shall be retroactive city-wide from January 1, 2023, and shall continue until this Program is eliminated by official action by City Council and no such grant or assessment shall be authorized or initiated after that date without further approval of City Council. The total amount expended and/or advanced by the City, including grants, shall not exceed the cumulative total of seventy-five thousand dollars ($75,000) per individual year for each calendar years after which the authority for expending funds for the purpose of providing grants and/or advancing funds for future assessment pursuant to this section shall no longer be authorized without further approval of City Council.
(f) The Finance Director is hereby directed to determine and recommend to City Council the most appropriate method(s) to pay for the Inflow and Infiltration Elimination Program and may utilize funds from the Stormwater Management Enterprise Fund as needed pursuant to the limits stated herein.
(g) City Council finds that implementation of the Program is a proper public purpose as the improvements contemplated by the Program serve to abate public nuisances and to further housing assistance and rehabilitation within the above described areas of the City of Stow.
(h) City Council further finds that implementation of the Program constitutes a stormwater management program as defined in Section 927.03(j), and all costs relating to the implementation of the Program are specifically found to be proper expenditures from the Stormwater Management Enterprise Fund pursuant to Section 927.09.
(Ord. 2023-103. Passed 7-13-23.)