(a) Pursuant to the general laws of the State and the powers granted to Council by the Ohio Revised Code, Council does hereby declare its intention to operate and maintain, within the City limits, open drainageways, underground storm sewers, equipment and appurtenances thereto, necessary, useful or convenient for a complete storm drainage collection system. This includes maintenance, extension and reconstruction of the present storm drainage system of the City to minimize by suitable means such system's contribution to flooding and to seek the cooperation of other neighboring jurisdictions, when necessary, in minimizing the contribution of all such systems, and other sources of accelerated run-off, to such flooding.
(b) The improvement of both public and private storm drainage facilities through or immediately adjacent to a new development shall remain the responsibility of the developer. Such improvement shall comply with the policies and standards outlined in the City's Subdivision Regulations and Zoning Code where they apply.
(c) No portion of this chapter or any statement herein or subsequent Council interpretation policies shall relieve any property owner of assessments levied against his or her property for public facility improvement projects except as otherwise stated herein.
(d) It is the policy of the City to participate in improvement of storm drainage facilities when authorized by Council. To be considered for approval by Council, a facility must:
(1) Be either a new public facility or be a rehabilitation replacement of existing public facilities: or
(2) Be a major benefit to the community.
(e) The City shall maintain all public storm drainage facilities located within City-owned land, public rights of way and public easements. Public facilities include, but are not limited to:
(1) Open drainageways owned by the City or where the City has public drainage easements;
(2) A piped drainage system and its related appurtenances which have been designed and constructed expressly for use by the general public;
(3) Bridges on public streets which are not specifically under the jurisdiction and care of the County Engineer, as defined in the Ohio Revised Code;
(4) Roadside drainage ditches within the public right of way along unimproved streets;
(5) Flood control facilities such as levees, dikes, overflow channels, retention basins, groundwater recharging basins, etc., that have been designed and constructed expressly for use by the general public.
(f) 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, retention/detention basins, or ditches on private property for which no public easement of record has been granted;
(5) Access drive culverts; and
(6) Retention basins which are constructed on privately held property.
(Ord. 94-30. Passed 5-4-94.)