(a) It is hereby declared to be in the best interest of the Village to form a structure and procedures designed to better manage storm water and provide for storm drainage improvements thus reducing combined sewer overflows, recognizing that all real property within the Village will benefit from the installation of an adequate storm drainage system, and that the cost of such a system should therefore be assessed against such property.
(b) There is hereby established in the Village a storm water drainage utility, the Village hereby declaring its intention to acquire, own, construct, equip, operate and maintain open drainage ways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a complete storm water drainage system, including the maintenance, extension and improvement of the present storm drainage system.
(c) The Village Manager shall manage, conduct and control the storm water drainage utility, and is authorized to develop and adopt plans, policies and regulations necessary or desirable for the regulation and operation of said utility.
(d) There is hereby levied and imposed upon all premises which have been improved within the Village just and equitable charges for storm drainage service or subsequent service, maintenance, operation and extension, and to establish a Storm Drainage Fund for the foregoing purposes.
(e) The charges shall be collected with the monthly water bill of water users, billed with sanitary sewer for those connected to sewer alone, or billed alone as a storm drainage charge for those users not connected to and/or not charged for Village water and/or sanitary sewer.
(f) The charges shall be paid monthly by those liable therefor, and placed in a Storm Drainage Fund to be used only for the purposes stated herein.
(g) It is hereby determined that property is furnished service in proportion to the amount of the property's impervious surface. The basic unit of service is 2,900 s.f. of impervious surface applicable to all conventionally developed residential properties. All other properties shall be furnished service equivalent to multiples of basic service units of 2,900 s.f. of impervious surface as calculated for individual properties by the Village
Manager
.
(h) Rates shall be set by action of Council. In no year shall the operating fund of the utility show a loss.
(i) The rate for residential properties, which is based on a unit of service of 2,900 s.f. shall be $6.00 per month. All other properties shall be billed at multiples of basic service units of 2,900 s.f. per month.
(j) The established rates may be reduced for a property, other than a conventionally developed one or two family property, where approved runoff control measures have been implemented. Review and analysis of these measures shall be handled on an individual case basis by the Village
Manager
. The maximum rate of reduction shall be 50% of the established rate. Any person aggrieved by a decision of the Village
Manager
under this section may appeal to the Court of Common Pleas of Lorain County, Ohio pursuant to Ohio R.C. Chapter 2506.
(k) The owner of any property subject to a charge provided herein shall pay the same, when due, to the Village of Wellington. If any charges due hereunder are not paid when due, the Law Director shall collect them by actions at law in the name of the Village.
(Ord. 2017-39. Passed 2-4-17.)