(a) Where storm sewers are available, all gutters, drain leaders and downspouts shall be connected to them. Where there are no storm sewers, gutters, drains, leaders and downspouts shall be required to drain onto splash blocks directed away from both the structure and adjoining properties.
(b) As an alternative to the requirements set forth in subsection (a) of this section, one or more downspouts may be diverted into an approved rain barrel or other storm water storage device approved by the Building Commissioner, or his or her duly appointed representative, and the City Engineer, or his or her duly appointed representative, in accordance with this subsection, provided that the overflow from such appurtenance is directed back into the downspout. For purposes of this subsection, a rain barrel is defined as a plastic storage tank with a maximum water storage capacity of seventy (70) gallons. Other storm water storage devices, for purposes of this subsection, are defined as on-site storm water storage devices, other than a rain barrel, that are approved by the Northeast Ohio Regional Sewer District ("NEORSD") as valid storm water control measures and enable a property owner to be eligible for an individual NEORSD storm water residential property credit. All such devices are subject to the following:
(1) Rain barrels and other storm water storage devices shall only be located in the rear yard, as defined in Section 1240.08(c)(20)C. Notwithstanding this rear yard requirement, rain barrels and other storm water storage devices may be located in the side yard, as defined in Section 1240.08(c)(20)D., if the following factors demonstrate to the reasonable satisfaction of the Building Commissioner that such location will not cause a problem or a public or private nuisance and will not create adverse conditions or impacts on neighboring properties:
A. Configuration of the dwelling or structure;
B. Topography;
C. Landscaping;
D. Location of a patio, deck or pool;
E. Window placement;
F. Site line from adjacent homes: and
G. Other similar factors determined by the Building Commissioner.
(2) Rain barrels and other storm water storage devices are prohibited in the front yard, as defined in Section 1240.08(c)(20)B.
(3) Rain barrels and other storm water storage devices shall be positioned adjacent to the rear of the dwelling structure so as not to be visible from the public right-of-way. Only one rain barrel or other storm water storage device may be installed at each rear yard downspout or side yard downspout, if authorized by the Building Commissioner.
(4) Rain barrels and other storm water storage devices, if visible from the public right-of-way and/or neighboring properties and authorized by the Building Commissioner, shall be screened from the public right-of-way and adjacent properties by means of a landscape buffer, consisting of year round plantings of a height at least equal to the height of the rain barrel and other storm water storage devices. The landscape buffer shall be provided and maintained in a manner reasonably satisfactory to the Building Commissioner.
(5) Rain barrels and other storm water storage devices shall be covered at all times and incorporate a drainage system that directs any overflow away from the building's foundation in a manner that does not affect neighboring properties, and into the public storm sewer system.
(6) The installation of rain barrels and other storm water storage devices shall be limited to residentially zoned property and shall conform to the standards established by the City for such devices and shall be subject to review and approval by the Building Commissioner, or his or her duly appointed representative, and City Engineer, or his or her duly appointed representative, to ensure that they are correctly installed. A permit is required to be obtained from the Building Department by the property owner prior to the installation of any rain barrel or other storm water storage device. The applicant shall submit any information required by the Building Commissioner and City Engineer and plans to the City that include a site plan showing the dwelling structure in relation to the property lines and the location of the downspout or downspouts proposed to be used for a rain barrel and other storm water storage device, including the method of connecting the overflow back to the downspout, and a landscaping plan if necessary to screen the rain barrel from the public right-of-way and/or neighboring properties.
(7) Rain barrels and other storm water storage devices shall be maintained in accordance with original construction standards to resist decay or deterioration of any cause and shall not cause a public or private nuisance.
(c) As an alternative to the requirements set forth in subsection (a) of this section, one or more downspouts may be diverted into an approved rain garden. Such rain garden shall be subject to the review and approval of the Building Commissioner, or his or her duly appointed representative, and City Engineer, or his or her duly authorized representative, and shall be constructed in accordance with the latest edition of the Rain Garden Manual for Homeowners. No rain garden shall be constructed until a permit is obtained from the Building Department by the property owner prior to its installation. The applicant shall submit plans to the City that include a site plan showing the dwelling structure in relation to the property lines and the location of the downspout or downspouts proposed to be used for the rain garden. The rain garden shall be maintained so that it shall not cause a public or private nuisance and shall not allow water to flow into neighboring properties.
(d) Any person affected by any order or decision of the Building Commissioner and/or City Engineer pursuant to this section may request and shall be granted a hearing before the Board of Building Code Appeals. Such appeal shall be requested in writing within ten (10) days of the date of the ruling.
(Ord. 2016-163. Passed 9-6-16.)