1111.01  PERFORMANCE STANDARDS; CHARGES.
   No person, firm, corporation, public agency, partnership or association shall develop any real property as hereinafter described, or connect or cause to be connected any building or structure, either directly or indirectly, with a drain for the removal of surface, roof, ground or other water to be discharged into a ditch, swale, waterway, stream or an existing storm drainage system from any real property hereinafter described, without complying with the following performance standards and paying the charges hereinafter set forth:
   (a)   For all developments improved within the City, prior to the enactment date of this Chapter,  a storm drainage system shall be designed and constructed by the developer, using on-site or off-site retardation basins and/or underground storage facilities which will reduce the developed storm water run-off from the development to two-thirds of the existing undeveloped storm water run-off using a ten-year design storm as set forth in the Uniform Standards for Sewage and Drainage Improvements as adopted by the Cuyahoga County Sanitary Engineering Department, the City of Cleveland, the Cleveland Regional Sewer District, the Cuyahoga County Municipal Engineers Association, the Ohio Environmental Protection Agency and the Northeast Ohio Areawide Coordinating Agency, and as embodied in a document entitled "City of Westlake Small Retarding Basin Design Procedure," which document is codified at the end of this chapter as Appendix I.
For all developments improved after the enactment date of this Chapter, a Post- Construction Water Quality Plan shall be designed and constructed by the developer, using the currently accepted standards contained within the Ohio Rain Water and Land Development manual, ODOT Siltation Control and/or other manual that is acceptable to the Director of Engineering or the Ohio EPA which makes use of the practices that preserve the existing natural condition to the Maximum Extend Practicable (MEP).  Present existing parcels of land consisting of less than one acre in area shall be exempted from the requirements of this subsection unless the Director of Engineering deems that the development requires a Post-Construction Water Quality Plan.  Individual sites of less than one acre each, but part of a larger development equal to or exceeding one (1) acre, will require a combined Storm Water Pollution Prevention Plan and a Post-Construction Water Quality Plan. (Ord. 2010-164.  Passed 12-2-10.)
   (b)   For all developments to be improved within the City, a drainage charge per gross acre of area to be developed, prorated at the rate of two thousand five hundred dollars ($2,500) per acre shall be charged and paid to the City before each building permit is issued within the area to be developed.  The charges hereinabove provided shall be placed into a special fund entitled Storm Drainage Capital Improvement Plan adopted by Council and on file with the Clerk of Council.
      (Ord. 1978-47.  Passed 5-18-78.)
   (c)   Should the City require a developer, upon the recommendation of the City Engineer or the City's Consulting Engineer and upon the approval of Council, to reduce the rate of and/or improve the quality of the developed storm water run-off from his development to substantially increase the requirements set forth in subsection (a) hereof, in order to further reduce the peak storm water discharge to the City's drainage system, or to improve the water quality discharge of, or to reduce the number of retardation basins or water quality best management practices (BMPs) to be constructed and maintained within the City, or to combine the storm water storage or water quality best management practices (BMPs) requirements water quality best management practices for two or more developments in onecommon basin or system(s) of best management practices to be located at a more strategic or better site, the City may enter into an agreement, through the Mayor, with the developer, under the following conditions:
      (1)   On any on-site or adjacent site retardation basin or system of water quality best management practices to be constructed by such developer, the City shall set off the drainage charge as set forth in subsection (b) hereof by an amount equal to the estimated increased construction costs, including the cost of extra land area to such developer for the construction of the enlarged retardation basin or system of water quality best management practices which is over and above the estimated costs for the retardation or previous system as required under subsection (a) hereof. The estimated construction costs for both the retardation system or the water quality best management practice required under subsection (a) hereof and this enlarged retardation basin or modified water quality best management practice shall be determined by the City Engineer and his determination shall be final.
      (2)   The maximum set-off in the drainage charge as set forth in subsection (b) hereof shall not exceed two thousand five hundred dollars ($2,500) per acre of area to be developed.
      (3)   The developer shall either give the City clear title to the retardation or water quality basin site while reserving to himself the right to use this area for recreation purposes, or grant the City an easement over such retardation or water quality basin site basin site which gives the City the right to determine what other areas of the City may use this enlarged retardation or water quality basin site basin to reduce the rate or improve the quality of the storm water run-off from their proposed development.
   (d)   Should a developer request to use any excess or surplus water volume or quality storage capacity in a particular off-site retardation basin owned or controlled by the City as a substitution for all or part of the water volume or quality storage volume required to reduce the rate or improve the quality of the developed storm water run-off from his development, as set forth in paragraph (a) hereof, upon the recommendation of the City Engineer or the City's Consulting Engineer and upon the approval of Council, the City may enter into an agreement, through the Mayor, with the developer to permit such developer to use all or part of this surplus volume or quality capacity in place of the developer constructing an on-site or adjacent site retardation basin or water quality basin or other best management practice for his development under the following conditions: The developer shall pay to the City an amount equal to the City's costs for constructing or acquiring the storage capacity to be used by this development in this particular retardation basin or water quality basin or other best management practice. The City's costs shall be calculated by the City Engineer on a prorated volume of storage basis using historical costs to the City for constructing or acquiring this particular retardation basin or structure and the City Engineer's determination shall be final.
      (Ord. 2010-164.  Passed 12-2-10.)
   (e)   The owner of a parcel or lot of land, as defined in Section 1123.03, in excess of one acre in size, upon which is located a single family residence as of January 19, 1978 and as long as used as a single family residence thereafter shall be required to pay the fee computed as herein provided for the erection thereon of an addition to the existing single family dwelling or the erection of a detached structure.
Two times the square foot area of the addition plus any additional square foot area as determined by the Director of Engineering after a review of the site plan occasioned by more than average roof area, sidewalks, driveways or other improvements increasing run-off prorated on the basis of the present acreage charge in effect at the time of the improvement.
      (Ord. 1989-271.  Passed 1-4-90.)