935.01 Creation.
935.02 Findings, determinations and powers.
935.03 Definitions.
935.04 Operating budget.
935.05 Storm water drainage fee.
935.051 Major Storm Water System Capital Improvements Project Fee.
935.052 Stormwater surcharge for satellite sewer systems.
935.06 Storm water drainage fee collection.
935.07 Capital contributions for regional storm water management facilities.
935.08 Storm Water Utility Enterprise Fund.
935.09 Storm water management plan.
935.10 Additional requirements.
CROSS REFERENCES
Clean water drains into sanitary sewers prohibited - see S.U. & P.S. 923.07
There is hereby established a storm water utility to be responsible for the operation, construction, maintenance and repair of storm water facilities, storm water system planning, and lake and river quality management as required by the Storm Water Phase II Final Rule (64 FR 68722).
(Ord. 11562/02. Passed 5-8-02.)
(a) It is hereby found, determined and declared that those elements of the system which provide for the collection, treatment and disposal of storm water and the regulation of groundwater are of benefit and provide services to all property within the incorporated City limits, including property not presently serviced by the storm elements of the system. The beneficiaries of the system include all real properties within the City of Warren, which benefit by the provision, operation and improvement of the system. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment an release of storm water, the reduction of hazard to property and life resulting from storm water runoff, improvement in general health and welfare through reduction of undesirable storm water conditions, and improvement to the water quality in the storm and surface water system and its receiving waters.
(b) The utility, under the direction of the Director of Water Pollution Control, shall, and does, have the power to:
(1) Prepare recommendations as needed to implement this chapter and forward the same to City Council for consideration and adoption, and adopt such regulations and procedures as are required to implement ordinances or to carry out other responsibilities of the utility;
(2) Administer the acquisition, design, construction, maintenance and operation of the Storm Water Utility System, including capital improvements;
(3) Administer and enforce this chapter and all regulations and procedures adopted relative to the design, construction, maintenance, operation and alteration of the Utility System including, but not limited to, the quantity, quality and/or velocity of the storm water conveyed thereby;
(4) Inspect private systems as necessary to determine the compliance of such systems with this chapter, and any regulations adopted pursuant to this chapter;
(5) Advise City Council, the Mayor, City Departments and the Storm Water Board on matters relating to the Utility;
(6) Prepare and revise a comprehensive drainage plan for adoption by City Council periodically;
(7) Review plans, approve or deny, inspect and accept extensions to the system;
(8) Establish and enforce regulations to protect and maintain water quality within the system in compliance with water quality standards established by state, regional and/or federal agencies as now adopted or hereafter amended; and
(9) Analyze the cost of services and benefits provided and the system and structure of fees, charges, fines and other revenues of the utility annually.
(Ord. 11562/02. Passed 5-8-02.)
(Ord. 11562/02. Passed 5-8-02.)
For the purpose of this chapter, the following definitions shall apply. Words used in the singular shall include the plural, and the plural, the singular. Words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.
“Appraisal District” means the area of property within the corporate limits of the City of Warren, Ohio.
“Bonds” means revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
“BMP” (Best Management Practice) means a permit condition used in place of or in conjunction with effluent limitations to prevent or control the discharge of pollutants. It may also include a schedule of activities, prohibition of practices, maintenance procedures, or other management practices. BMP’s may include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage, leaks, sludge or water disposal, or drainage from raw material storage.
“Calendar Year” means a twelve-month period commencing on the first day of January of any year.
“Collectible Run-off Unit” means the average area required to park a standard not-commercial vehicle (to include egress) and will have an approximate area of 648 sq. ft. determined by the following: the average area required to park 15 standard vehicles has been found to be 9,720 sq. ft. (each space equaling 17 ft. by 10 ft. plus egress). To determine the number of Collectable Run-off Units: Find the total sq. ft. of impervious surface and divide by 648.
“Commercial Unit” means any building or structure that is appropriate or sufficient for the purpose of trade, used for the purpose of buying and selling goods, or services, or used for conducting business with the primary purpose of making money.
“Costs of Construction” means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including, but not limited to, the costs of:
(1) Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor;
(2) Physical construction, installation and testing, including the costs of labor, services, materials, supplies and utility services used in connection therewith;
(3) Architectural, engineering, legal and other professional services;
(4) Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation;
(5) Any taxes or other charges which become due during construction;
(6) Expenses incurred by the City or on its behalf with its approval in seeking to enforce any remedy against any contractor or sub-contractor in respect of any default under a contract relating to construction;
(7) Principal and interest of any bonds; and
(8) Miscellaneous expenses incidental thereto.
“Debt service” means, with respect to any particular Calendar Year and any particular series of Bonds, any amount equal to the sum of:
(1) All interest payable on such Bonds during the Calendar Year, plus
(2) Any principal installments of such Bonds during such Calendar Year.
“Developed Property” means real property other than Undisturbed Property and Vacant Improved Property.
“Director” means the Director of Water Pollution Control, or his designee.
“Drainage Fee” means a fee authorized by Ordinance(s) and established to pay Operations and Maintenance, Extension and Replacement and Debt Service.
“Exempt Property” means public rights of way, public streets, public alleys and public sidewalks.
“Extension and Replacement” means the cost of extensions, additions and capital improvements to, or the renewal and replacement of, capital assets of, or purchasing and installing new equipment for, the System, or land acquisition for the System and any related cost thereto, or paying extraordinary maintenance and repair, including the Cost of Construction, or any other expenses which are not costs of Operation and Maintenance of Debt Service.
“Impervious Area” means an area of hard surface that either prevents or retards the entry of water into the soil mantle, as it entered under natural conditions as undisturbed property, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undisturbed property, including, but not limited to, driveways and pavement (concrete/blacktop parking area).
“Industrial Unit” means any building or structure used in the economic activity connected with production, manufacture or construction of a particular product or range of products.
“Land Use Code” means a particular number assigned which designates the legal use/intended use of a particular parcel of real property. The Trumbull County Auditor’s Office generally sets Land Use Codes, however, in this sense, certain codes may be combined by the Storm Water Utility to provide a more uniform code.
“Operating Budget” means the annual Utility operating budget adopted by the City for the succeeding year.
“Operations and Maintenance” means the then current expenses, paid or accrued, of operation, maintenance and current repair of the System, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice.
“Public Unit” means any building or structure that is primarily used by the general public for any purposes other than operation for profit or residential use.
“Residential Unit” means a (single/multiple) residential building or structure used for the purpose of providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
“Revenues” means all rates, fees, assessments, rentals or other charges or other income received by the Utility, in connection with the management and operation of the System, including amounts received from the investment or deposit of monies in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practice.
“Storm Water Board” means an advisory panel for the City of Warren which shall concern itself with questions dealing with implications of the Storm Water Phase II Mandate or any issue that deals with the Storm Water Utility and which shall make recommendations to the Director, whom shall have final determination. The Storm Water Board shall consist of a five (5) member body to be assembled by the following: three (3) members shall be assigned by the Mayor and shall serve a term of 2 years with the exception of the initial term which will be a one year term and two (2) members selected by the Chairman of Warren City Council’s Sewers and Water Pollution Control Committee, who shall serve for a term of 2 years.
“Storm Water Management System” or “System” means the existing storm water management of the City of Warren, Ohio, and all improvements thereto which by this chapter are constituted as the property and responsibility of the Utility, to be operated as an enterprise fund to, among other things, conserve water, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise effect the quality and quantity of discharge from such System (as required by the Approved Storm Water Phase II Management Plan).
“Storm Water Utility” or “Utility” means the enterprise fund utility created by this chapter, to operate, maintain and improve the System and for such other purposes as stated in this chapter.
“Undisturbed Property” means real property which has not been altered from its natural state by dredging, filling, removal of trees and vegetation or other activities which have disturbed or altered the topography or soils on the property.
“Vacant Improved Property” means vacant property which is, or could reasonably be, served by any subdivision improvements that allow egress.
(Ord. 11562/02. Passed 5-8-02.)
The City shall adopt an operating budget not later than the first day of each fiscal year. The Operating Budget shall set forth for such fiscal year the estimated revenues and the estimated costs for Operation and Maintenance, Extension and Replacement and Debt Service.
(Ord. 11562/02. Passed 5-8-02.)
(a) Fee Established. Subject to the provisions of this chapter, each and every Residential Unit, Commercial Unit, Industrial Unit, Public Unit, Vacant Improved Property, other than Exempt Property, and the owners and non-owner users thereof, shall, and do, hereby have imposed upon them a Storm Water Drainage Fee. In the event the owner and non-owner user of a particular property are not the same, the liability for each (the owner and non-owner user) for the Storm Water Drainage Fee attributable to that property shall be the owner of record on file with the Trumbull County Auditor. The Storm Water Drainage Fee shall be, and is, a monthly service charge and shall be determined by the Land Use Code set forth by the Storm Water Utility (every attempt has been made by the Storm Water Utility to set rates that will not cause economic hardship to any single code group).
(b) The Storm Water Drainage Fee for each Residential Unit (code 500) shall be, and is, 100% of the approved monthly rate approved by this chapter. In the event of a newly constructed Unit, the charge for the Storm Water Drainage Fee attributable to that Unit shall commence upon the issuance of the certificate of occupancy for that Unit, or if construction is at least fifty percent (50%) complete and is halted for a period of three (3) months, then that Unit shall be deemed complete and the Storm Water Drainage Fee shall commence. If any Residential Unit displays a sign stating that the intended use of that particular property is for commercial benefit, the rate therefor shall fall under a commercial rate code. Any adjustment to Storm Water Drainage Fees shall be subject to the approval of the Director, or his designee.
(c) The Storm Water Drainage Fee for each Commercial Unit shall be derived from the following rates that are based on the number of Collectable Runoff Units associated with that particular parcel. The Storm Water Drainage Fee for Commercial Units shall be, and is, 100% of the Rate approved by this chapter. In the event of a newly developed Commercial Unit, the charge for the Storm Water Drainage Fee attributable to that Commercial Unit shall commence, or increase in the case of additional development to property which is already Developed Property, upon the issuance of the certificate of occupancy for such additional development, or in the event that no certificate of occupancy will be issued for that development, or in the event development has halted, then on the date that the Director, or the Director’s designee, determines that said development is substantially complete or has been halted for at least three (3) months. Any adjustment to Storm Water Drainage Fees shall be subject to approval by the Director, or his designee.
(1) A Light Commercial code (400) means that a particular Commercial Unit will typically contain 0-15 Collectable Runoff Units. The rate applicable to Light Commercial shall be, and is, $10.00 per month.
(2) A Medium Commercial code (401) means that a particular Commercial Unit will typically contain 16-60 Collectable Runoff Units. The rate applicable to Medium Commercial shall be, and is, $20.00 per month.
(3) A Heavy Commercial code (402) means that a particular Commercial Unit will typically contain greater than 60 Collectable Runoff Units. The rate applicable to Heavy Commercial shall be, and is, $30.00 per month.
(d) The Storm Water Drainage Fee for each Industrial Unit shall be derived from the following rates that are based on the number of Collectable Runoff Units associated with that particular parcel. The Storm Water Drainage Fee for Industrial Units shall be, and is, 100% of the Rate approved by this chapter. In the event of a newly developed Industrial Unit, the charge for the Storm Water Drainage Fee attributable to that Industrial Unit shall commence, or increase in the case of additional development to property which is already Developed Property, upon the issuance of the certificate of occupancy for such additional development, or in the event that no certificate of occupancy will be issued for that development, or in the event development has halted, then on the date that the Director, or the Director’s designee, determines that said development is substantially complete or has been halted for at least three (3) months. Any adjustment to Storm Water Drainage Fees shall be subject to approval by the Director, or his designee.
(1) A Light Industrial code (300) means that a particular Industrial Unit will typically contain 0-15 Collectable Runoff Units. The rate applicable to Light Industrial shall be, and is, $10.00 per month.
(2) A Medium Industrial code (301) means that a particular Industrial Unit will typically contain 16-60 Collectable Runoff Units. The rate applicable to Medium Industrial shall be, and is, $20.00 per month.
(3) A Heavy Industrial code (302) means that a particular Industrial Unit will typically contain greater than 60 Collectable Runoff Units. The rate applicable to Heavy Industrial shall be, and is, $30.00 per month.
(e) The Storm Water Drainage Fee for each Public Unit shall be derived from the following rates that are based on the number of Collectable Runoff Units associated with that particular parcel. The Storm Water Drainage Fee for Public Units shall be, and is, 100% of the rate approved by this chapter. In the event of a newly developed Public Unit, the charge for the Storm Water Drainage Fee attributable to that Public Unit shall commence, or increase in the case of additional development to property which is already Developed Property, upon the issuance of the certificate of occupancy for such additional development, or in the event that no certificate of occupancy will be issued for that development, or in the event development has halted, then on the date that the Director , or the Director’s designee, determines that said development is substantially complete or has been halted for at least three (3) months. Any adjustment to Storm Water Drainage Fees shall be subject to approval by the Director, or his designee.
(1) A Light Public code (800) means that a particular Public Unit will typically contain 0-15 Collectable Runoff Units. The rate applicable to Light Public shall be, and is, $10.00 per month.
(2) A Medium Public code (801) means that a particular Public Unit will typically contain 16-60 Collectable Runoff Units. The rate applicable to Medium Public shall be, and is, $20.00 per month.
(3) A Heavy Public code (802) means that a particular Public Unit will typically contain greater than 60 Collectable Runoff Units. The rate applicable to Heavy Public shall be, and is, $30.00 per month.
(f) The Storm Water Drainage Fee for each Vacant Improved Property (code 201) shall be, and is, 100% of the Rate based on the intended use and approved by the Storm Water Board, subject to review by the Director or his designee upon written request. Any adjustment to Storm Water Drainage Fees shall be subject to approval by the Director, or his designee.
(g) No fee shall be imposed on any property with an exempt code (code 600) until such time that it no longer exists as exempt property. At that time the property will then be assigned a non-exempt code and will then be subject to monthly fees per this chapter.
(h) Appeal of Drainage Fees. Any person who disagrees with a Storm Water Drainage Fee as provided in this chapter may appeal same to the Storm Water Board. Any appeal must be in writing, and shall state specific objections or errors. The Storm Water Board shall review the appeal and issue a written recommendation to the Director as soon as practicable. The decisions of the Director or his designee shall be final. The decision of the Director or the Director’s designee shall be communicated to the Storm Water Board and the Appealer, in writing, within ten (10) working days of receiving the Board’s recommendation. Decisions that vary with the recommenation of the Storm Water Board shall include specifics as to the varying decision.
(i) Should any Commercial Unit or Industrial Unit (newly developed or existing) take appropriate action to resolve storm water run off in accordance with the Storm Water Management Plan, it may receive a credit in the form of a reduction or complete waiver of any and all fees associated with the Storm Water Drainage Fee upon review and approval by the Storm Water Board and the Director.
(j) In an effort to provide for future capital projects (Operation, Maintenance Repair and Extension of the Collection System) beyond the initial startup of the Storm Water Utility, the following rate schedule shall, and does, apply. Such rate schedule should prevent the need for initial OWDA loans and should provide additional working capital in the short term. Rates for Units for the Storm Water Utility, as stated on the following rate schedule, are stated on a monthly basis:
YEAR | VACANT IMPROVED (200) | EXEMPT (600) | RESIDENTIAL (500) | COMMERCIAL | ||
LIGHT (400) | MEDIUM (401) | HEAVY (402) | ||||
2002 | RATE WILL DEPEND ON INTENDED USE | $0.00 | $2.50 | $10.00 | $20.00 | $30.00 |
2003 | 0.00 | 2.60 | 10.40 | 20.80 | 31.20 | |
2004 | 0.00 | 2.70 | 10.82 | 21.83 | 32.45 | |
2005 | 0.00 | 2.81 | 11.25 | 22.50 | 33.75 | |
2006 | 0.00 | 2.92 | 11.70 | 23.40 | 35.10 | |
INDUSTRIAL | PUBLIC | |||||
YEAR | LIGHT (300) | MEDIUM (301) | HEAVY (302) | LIGHT (800) | MEDIUM (801) | HEAVY (802) |
2002 | $10.00 | $20.00 | $30.00 | $10.00 | $20.00 | $30.00 |
2003 | 10.40 | 20.80 | 31.20 | 10.40 | 20.80 | 31.20 |
2004 | 10.82 | 21.83 | 32.45 | 10.82 | 21.63 | 32.45 |
2005 | 11.25 | 22.50 | 33.75 | 11.26 | 22.50 | 33.75 |
2006 | 11.70 | 23.40 | 35.10 | 11.70 | 23.40 | 35.10 |
* The Storm Water Board shall review rates and make recommendations in 2007 and yearly thereafter.
* (Code 400) reverts to the intended use in above rates.
* (Code 600) is exempt from payment.
(Ord. 11562/02. Passed 5-8-02.)
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