943.08 STORMWATER UTILITY APPEALS BOARD.

943.08 STORMWATER UTILITY APPEALS BOARD.

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE ONE - Street and Sidewalk Areas
TITLE THREE - Public Utilities
CHAPTER 931 Sewers
CHAPTER 935 Water
CHAPTER 939 Notice to Purchasers of Status of Utility Accounts
CHAPTER 943 Stormwater
943.01 PURPOSE.
943.02 DEFINITIONS.
943.03 STORMWATER USER FEE ESTABLISHED.
943.04 STORMWATER USER FEE COLLECTION.
943.05 STORMWATER USER FEE DETERMINATION.
943.06 STORMWATER SEWER FUND.
943.07 STORMWATER USER FEES; DEVELOPER CONTRIBUTIONS.
943.08 STORMWATER UTILITY APPEALS BOARD.
943.09 TESTING OF STORMWATER DISCHARGES FOR PROPERTY EXEMPTED FROM THE STORMWATER USER FEES BY ACTION OF THE SUAB.
CHAPTER 944 Illicit Discharge and Illegal Connection Control
CHAPTER 945 Construction Site Runoff Control
CHAPTER 946 Post-Construction Storm Water Management
TITLE FIVE - Other Public Services
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
943.08 STORMWATER UTILITY APPEALS BOARD.
CHAPTER 943 Stormwater
943.05 STORMWATER USER FEE DETERMINATION.
   There is hereby established the following uniform schedule of rates for the services and use of facilities of the Stormwater Management System by the owner, tenant or occupant of the premises using the services and facilities of the System.
   (a)   Council shall, by ordinance, establish reasonable rates for Stormwater Management Systems for each single family residence. The Stormwater User Fee for each single family residence shall be a flat fee established by the City Council for an Equivalent Residential Unit.
   (b)   The Stormwater User Fee for Vacant Improved Property shall be determined by dividing the total land area of the Vacant Improved Property, in square feet, by the area of an Equivalent Residential Unit times a correction factor. The correction factor shall be based on the relative volume of runoff from a Vacant Improved Property and that of an average single family residence, under typical hydrologic conditions.
   (c)   For all Developed Property, excluding Exempt Property, not otherwise provided for by subsections (a) and (b) of this section, the Stormwater User Fee shall be computed based on the total Impervious Area of such property divided by the average Impervious Area of an Equivalent Residential Unit times the rate established for an Equivalent Residential Unit. The Stormwater User Fee shall be updated by the City Engineer based on any additions to the Impervious Areas as approved through the building permit process.
      (Ord. 01-99. Passed 1-26-99.)
 
943.06 STORMWATER SEWER FUND.
   The Revenues received pursuant to this Chapter 943 shall be deposited with the Finance Director and shall be kept in a separate and distinct fund known as the Stormwater Sewer Fund. The Stormwater Sewer Fund shall be used for the payment of the cost of the management, maintenance, operation and repair of the System. Any surplus in the Stormwater Sewer Fund may be used for the enlargement or replacement of the System, for construction and reconstruction of the System, for the payment of interest on any Indebtedness incurred for the construction thereof, and for the creation of a sinking fund for the payment of such Indebtedness, but shall not be used for any other purpose.
(Ord. 01-99. Passed 1-26-99.)
943.07 STORMWATER USER FEES; DEVELOPER CONTRIBUTIONS.
   (a)   The rates to be charged for the storm water user fee for each equivalent residential unit shall be four dollars and eighty-five cents ($4.85) per month.
   (b)   The rate charged undisturbed property shall be determined by dividing the total square footage of the property by the square footage of an equivalent residential unit times a correction factor of 0.0% times the rate of an equivalent residential unit.
   (c)   The rates to be charged for nonresidential properties, i.e., all other occupants other than that provided for in subsection (a) and (b) herein, shall be the rate established in subsection (a) four dollars and eighty-five cents ($4.85.) multiplied by the number of equivalent residential units. The equivalent residential unit equals the total square footage of impervious area of the property divided by 2,275 square feet (statistically developed average for all single family residences in the City of Sheffield Lake). Equivalent residential units will be rounded to the nearest tenth (0.1) of a unit.
   (d)   Developer Contributions.
      (1)   Single family homes on single lots.
         A.   Any parcel that becomes developed must contribute up to $2,006 per each new home. As each building permit application is reviewed by the City, the City will determine the exact charge for each new home based on methodology developed by the City designed to establish an equitable fee in accordance with Chapter 943. The purpose of this charge is to collet the technically appropriate value from new development for facilities which have been previously constructed and maintained by the City.
         B.   When undeveloped land is converted to developed property, the City will determine which portions of the existing system are necessary to receive the stormwater runoff from this new development. When the developer provides facilities on the developed parcel and/or downstream conveyance/storage facilities, the contribution charge may be reduced. Reduction of the developer contribution fee will be determined by City Council upon the recommendation of the Stormwater Utility Appeal Board.
      (2)   Multiple dwelling units on single/multiple lots. When developments are proposed, a contribution for the downstream facilities will be calculated in a similar fashion as subsection (d)(1), above. The developer of a multiple dwelling unit project will present calculations to the City Engineer to document the downstream facility requirements in addition to the on-site facilities provided by the developer. The City Engineer will review these calculations to develop a specific charge per dwelling unit for necessary downstream facilities. The same process and methodology developed by the City and referred to in subsection (d)(1) will be utilized to support this evaluation.
   (e)   The foregoing rates shall become effective on and be applied to all bills rendered after June 1, 2000. (Ord. 35-00. Passed 5-9-00.)
943.08 STORMWATER UTILITY APPEALS BOARD.
   (a)   Established. The City of Sheffield Lake Stormwater Utility Appeals Board is hereby established.
   (b)   Membership. The Stormwater Utility Appeals Board (hereinafter sometimes referred to as (SUAB) shall consist of six members. Five members of the SUAB shall be appointed by the Mayor with the approval of two-thirds of the members of Council. The Service Director shall be a non-voting member of the SUAB. Appointed members must be residents of the City of Sheffield Lake. Appointed members may be removed by the Mayor with the approval of a vote of two-thirds of the members of Council. The term of office for members of the SUAB shall be two years. Should a vacancy occur on the Board, the remaining portion of the unexpired term shall be filled in accordance with the provisions set forth hereinabove.
   (c)   Purpose, Powers and Duties.
      (1)   The SUAB shall consider disputes or complaints brought by owners and nonowners concerning the Stormwater User Fees as set forth in Chapter 953, limited, however, to matters set forth below.
      (2)   The SUAB shall consider any dispute regarding the methodology used to calculate the billing units except the mathematical calculation of total square feet divided by square feet for a billing unit.
      (3)   The SUAB shall consider any dispute concerning total number of billing units that are claimed to be incorrect due to claimed inaccuracies in data utilized by the utility billing staff.
      (4)   The SUAB shall consider any dispute regarding service provided by the utility for properties which partially drain outside the City limits.
      (5)   The SUAB shall consider any dispute regarding properties that contain or retain or detain storm runoff on their own property and diminish the quantity of stormwater handled by the City.
      (6)   The SUAB shall consider any dispute regarding a break in billing service due to charge in account ownership or similar matters.
      (7)   The SUAB shall consider whether or not a gravel area deemed impervious in a nonresidential property is pervious because the gravel area is not used as a driveway or as a parking area and the gravel area does not retard or prevent the entry of water into the soil.
      (8)   Any adjustment recommended by the SUAB shall be referred to Council. Council retains full authority to accept or reject any recommendation of the Stormwater Utility Appeals Board after full consideration of the recommendations of the SUAB. The SUAB shall have no legislative authority.
      (9)   In addition to the dispute resolution duties as set forth above, the SUAB may make recommendations to Council for changes or amendments to the scope, definitions, user fees or any other provisions of the Stormwater Utility as established in Chapter 943 of the Codified Ordinances. Council may act or decline to act on any such recommendations as it, in its discretion, deems appropriate.
         (Ord. 64-01. Passed 11-13-01.)
   (d)   Rules and Regulations. The SUAB shall establish its own rules and regulations and shall conduct such meetings or hearings as are necessary to carry out its purpose and duties as established herein. (Ord. 09-01. Passed 1-30-01.)
943.09 TESTING OF STORMWATER DISCHARGES FOR PROPERTY EXEMPTED FROM THE STORMWATER USER FEES BY ACTION OF THE SUAB.
   (a)   The owner of property deemed exempt from the stormwater user fee, as established by Section 943.03, by action of the Stormwater Utility Appeals Board (SUAB), must provide a sample of piped stormwater discharge to the City Flood Plain Manager (FPM) semi-annually. The FPM shall cause said sample to be tested by a City approved laboratory for water quality, said test to include testing for BOD’s, heavy metals, suspended solids and COD’s. The cost of the testing will be charged to the property owner.
   (b)   Should the property owner not provide the sample required by this section, the FPM shall be permitted to enter and inspect properties under this section as often as may be necessary to determine compliance with this section.
      (1)   Property owners shall allow the FPM ready access to all parts of the property for purposes of inspection and the sampling of stormwater discharges.
      (2)   The FPM shall have the right to set up on said property, such devices as are necessary in his opinion to conduct monitoring and/or sampling of the storm water discharge.
      (3)   Any temporary or permanent obstruction to safe and easy access to the property to be inspected and/or sampled shall be promptly removed by the owner at the written request of the FPM and shall not be replaced. The cost of clearing such access shall borne by the owner.
      (4)   Unreasonable delay in allowing the FPM access to a property subject to this section is a violation of this section and is a misdemeanor of the first degree. Each day that access is not permitted shall be deemed a separate violation.
   (c)   This section only applies to property owners whose property is deemed exempt from the stormwater user fee as a result of action of the Stormwater Utility Appeals Board and does not apply to those properties exempt from the fee pursuant to Section 943.02 (h).
(Ord. 50-03. Passed 9-23-03.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.

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Detected legislative history

• Ordinances of Sheffield Lake, OH
• ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
• ORDINANCE NO. 116-84
• ORDINANCES OF SHEFFIELD LAKE
• ordinance, establish reasonable rates for Stormwater Management Systems for each single family residence
• Ord. 01-99
• ordance with Chapter 943
• effective on and be applied to all bills rendered after June 1, 2000
• Ord. 35-00
• ordance with the provisions set forth hereinabove
• Ordinances
• Ord. 64-01
• Ord. 09-01
• Ord. 50-03
• Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality
• Ordinances should be consulted prior to any action being taken
• Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588

Imported automatically by MunicipalWiki. The original publisher remains the authoritative source pending legal normalization and verification.