925.01 REGULATIONS GENERALLY.

      Pursuant to the general laws of the State and the powers granted in the City Charter, Council does hereby declare its intention to acquire, own, construct, equip, operate and maintain within the City limits, open drainageways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a complete storm drainage system; and also including management, 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 in minimizing the contribution of all such systems, and other sources of accelerated runoff to such flooding.

      (a)    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 improvements shall comply with policies and standards outlined in this chapter.

      (b)    No portion of this chapter or any statement herein or subsequent Council interpretation policies shall relieve the property owner of assessments levied against their property for public facility improvement projects, except as outlined in Section 925.03(g).

      (c)    It is the policy of the City to participate in improvements to storm drainage or storm water management 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;

            (2)    Be a major benefit to the community.

      (d)    The City shall maintain all public storm drainage and storm water management facilities located within City-owned land, public right 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 has been designed and constructed expressly for use by the general public;

            (3)    Bridges on public streets;

            (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.

      (e)    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, detention basins or ditches on private property for which no public easement of record has been granted;

            (5)    Access drive culverts.

   (f)   For purposes of this Chapter:

      (1)   “Illicit connection” means:

         A.   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the municipal separate storm sewer system ("MS4") including but not limited to any conveyance which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the MS4 and any connections to the MS4 from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or,

         B.   Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

      (2)   “Illicit discharge” means any discharge to the MS4 that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the MS4) and discharges resulting from fire fighting activities.

      (3)    “Municipal separate storm sewer system or MS4" means a conveyance or system of conveyances (including roads with drainage systems, municipal street, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

         A.   Owned or operated by the City of Wooster;

         B.   Designed or used for collecting or conveying solely storm water;

         C.   Which is not a combined sewer; and

         D.   Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR 122.2.

      (4)   “Storm water” means storm water runoff, snow melt runoff, and surface runoff and drainage.

      (5)   “Watercourse” means any natural or improved body of water including, but not limited to any lake, pond, stream, river, creek, ditch, channel, canal, conduit, gutter, culvert, drain, gully, swale, wash, drainage system, or accumulation of surface water.

         (Ord. 2016-06. Passed 3-7-16.)