1049.06 ROLE OF DEPARTMENT OF PUBLIC WORKS; STORMWATER UTILITY COORDINATOR; APPEALS.
   (a)   The Department of Public Works, in implementing the utility and administering the system, shall:
      (1)   Adopt procedures as required to implement these regulations as well as take action to protect and maintain water quality within the system in compliance with standards established by state, regional and/or federal agencies as now in effect, or hereafter amended, including preparation and revision of infrastructure plans;
      (2)   Administer the acquisition, alteration, design, construction, maintenance and operation of the system, including capital improvements, and inspection of private property to determine the compliance of private drainage or mitigation systems with this chapter and any other stormwater regulations enforceable by the Village;
      (3)   Prepare and revise a Village-wide drainage plan;
      (4)   Review plans, approve or deny, inspect and accept extensions to the system
      (5)   Report operations and recommendations to Village Council annually.
   (b)   Stormwater Utility Coordinator. The Village Manager shall designate a Village employee as Stormwater Utility Coordinator who shall report to the Public Works Director or designee and who shall administer the Village's stormwater utility, including;
      (1)   Receiving reviewing and granting or denying applications for credits; and
      (2)   Determining the appropriate classification for properties based on land use information collected and maintained by the County Auditor,
   (c)   Any person obligated under this chapter to pay a stormwater utility service charge to the Village may make application to the Stormwater Utility Coordinator, on application forms to be prescribed by the Stormwater Utility Coordinator, seeking a credit or seeking a determination of whether a property is unlikely under any circumstances to contribute stormwater to the stormwater system or seeking reconsideration of a determination made by the Stormwater Utility Coordinator. The application shall be accompanied by a processing fee reasonably related to recovering the Village's costs expected to be experienced in processing such applications, as determined by the Finance Director. The applicant shall attach to the application any affidavits and/or other documentary evidence the applicant relies upon to justify the request in the application and shall fully explain in writing in the application the applicant's reasons and support for the relief sought. The Stormwater Utility Coordinator shall grant or deny the application and issue a written explanation of the Stormwater Utility Coordinator's decision.
   (d)   Appeals. An applicant aggrieved by a decision of the Stormwater Utility Coordinator made on an application filed with the Village, may file an appeal with the Public Works Director or designee along with a processing fee of one hundred dollars ($100.00); provided that the filing of the appeal is made within fourteen days after the Stormwater Utility Coordinator issues his/her decision granting or denying the application. The appeal shall be made to the Utility Dispute Resolution Board. The Utility Dispute Resolution Board shall consider the provisions of this chapter, land use data establishing the actual conditions of the property, the application and its attachments, the decision of the Stormwater Utility Coordinator and the contents of the appeal document in reviewing the Stormwater Utility Coordinator's decision and shall affirm or reverse or reverse and remand the Stormwater Utility Coordinator's decision. The decision of the Utility Dispute Resolution Board shall be final. Further appeal shall be to the Court of Common Pleas.
(Ord. 2022-31. Passed 9-19-22.)