Summit County Surface Water Improvement and Management (Sswim) Program Proposal in Compliance
SUMMIT COUNTY SURFACE WATER IMPROVEMENT AND MANAGEMENT (SSWIM) PROGRAM PROPOSAL IN COMPLIANCE WITH THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SUMMIT COUNTY COUNCIL, EXECUTIVE AND ENGINEER DATED MARCH 22, 2010.
WHEREAS, surface water management is a recognized public service extending beyond the corporate and legal boundaries of local governments within the County; and
WHEREAS, the County of Summit is responsible for regional surface water management in the County; and
WHEREAS, the County of Summit derives its home rule powers from Section 3, Article X, of the Ohio Constitution, which allows a county to adopt a charter and provide for the “concurrent or exclusive exercise by the county, in all or part of its area, of all or any designated powers vested by the constitution or laws of Ohio in municipalities”; and
WHEREAS, Article I, Section 1.01 of the Summit County Charter authorizes the county to concurrently exercise municipal powers as well as any powers granted to counties under the Ohio Revised Code, therefore providing the county the ability to exercise the home rule powers of municipality within its territory where there is no conflict with the municipality or township’s exercise of the powers granted to them by the Ohio Constitution or general law; and
WHEREAS, municipal corporations are authorized by the Ohio Constitution, Article XVIII, Section 4, to establish and operate public utilities and Section 729.49 of the Ohio Revised Code to establish sewer rates; and
WHEREAS, it is necessary and in the best interest of the residents of the County of Summit to enact a surface water management program to provide for the general health, safety and welfare of its residents; and
WHEREAS, the County of Summit Executive, Council and Engineer entered into a Memorandum of Understanding on March 22, 2010 for the purpose of identifying a preliminary countywide surface water management plan; and
WHEREAS, the Engineer provided the Executive and Council with an Advisory Draft plan dated November 22, 2010; and
WHEREAS, that plan has been circulated throughout the County and discussed with various local government officials for input and comment; and
WHEREAS, the final report of the University of Akron and Lorain County Community College, which documents the community input received from the local governments within the County, is included with that plan; and
WHEREAS, all real property in the County, including property owned by public and tax exempt entities, contributes to runoff and either uses or benefits from the regional surface water system; and
WHEREAS, surface water runoff contributes to nonpoint source pollution to the streams of the County's watersheds which extend beyond the corporate and legal boundaries of local governments within the County and a regional surface water management program can reduce this type of pollution; and
WHEREAS, the surface water management fee system offers additional financial management options that could assist the County to improve regional surface water and drainage services; and
WHEREAS, it is in the interest of the public to fund surface water management with a user fee system that allocates the costs of surface water management to all property owners in the County and that further seeks to base the amount of the surface water management fee on the extent that each parcel of real property contributes to the need for surface water management; and
NOW, THEREFORE, THE FOLLOWING PROPOSAL IS PRESENTED TO COUNCIL AND THE EXECUTIVE FOR THEIR REVIEW, COMMENT AND APPROVAL AS REQUIRED BY THE MEMORANDUM OF UNDERSTANDING DATED MARCH 22, 2010.
Chapter 942: Surface Water Management Utility
942.01Purpose.942.08Disposition of Service Charges
942.02Definitions.and Fees.
942.03Jurisdiction. 942.09Credits.
942.04Governance. 942.10Exemptions.
942.05Impervious Surface Area and942.11Local Matters
Equivalent Rate Unit.942.12Appeals Commission;
942.06Schedule of Charges and Fees.Appeals Generally
942.07Billing and Collection.942.13Severability
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942.01PURPOSE.
The Ohio Revised Code authorizes the County to acquire, construct, establish, enlarge, improve, maintain, own, operate, and contract for the operation of a public enterprise, including structural and natural Surface Water and Drainage Systems of all types, to furnish service to the County and its citizens and property owners.
Under the municipal powers granted by the Charter of the County of Summit and the Ohio Constitution, this Chapter establishes a countywide Surface Water Management Utilityto address the regional Surface Water management needs of the County through programs designed to protect and manage water quality and quantity by controlling the level of pollutants in Surface Water runoff, and the quantity and rate of Surface Water received and conveyed by structural and natural Surface Water andDrainage Systems of all types in the unincorporated areas of the County,in municipalities that have not enacted a Local Surface Water Management Programand in municipalities witha Local Surface Water Management Program that have adopted legislation authorizing participation under this Chapter.
942.02DEFINITIONS.
For purposes of this Chapter, the following words, terms, and phrases shall have the meanings given to them in this Section, except where the context clearly indicates a different meaning:
(a)“Conventionally Developed Residential Property” shall mean one-, two-, and three-family residential dwellings.
(b)“County Ditches” shall mean any ditch, drain or waterway established under Chapter 6131 of the Ohio Revised Code or Chapter 6133 of the Ohio Revised Code.
(c)“Developed Land”shall mean a Zoned Lot or Tractaltered from its Natural State to include Impervious Surface Area.
(d)“District” shall mean the area encompassing the Service Area in which the Surface Water Management Utility has jurisdiction under this Chapter, and shall be inclusive of the Northern District and the Southern District, collectively.
(e)“Drainage System”shall mean natural and structural channels, swales, ditches, swamps, rivers, streams, creeks, wetlands, branches, reservoirs, ponds, drainage ways, inlets, catch basins, gutters, pipes, culverts, bridges, head walls, storm sewers, lakes, and other physical works, properties, and improvements that transfer, control, convey or otherwise influence the movement of Surface Water runoff.
(f)“Equivalent Rate Unit(ERU)” shall mean the measure of Impervious Surface Areathat is used by the County as the basis for calculating the Surface Water Management Service Charge and is equivalent to threethousand (3,000) square feet of Impervious Surface Area.
(g)“ERU Credits” shall mean on-going reductions in the Surface Water Management Service Charge applicable to a given Zoned Lot or Tractin recognition of Private Runoff Control Measures having Regional Impact and are in addition to those Surface Water management systems required by local or County development regulations.
(h)“Impervious Surface Area”shall mean developed areas of land that prevent or significantly impede the infiltration of Surface Water into the soil. Typical Impervious Surface Areas include, but are not limited to: roofs, sidewalks, walkways, patios, swimming pools, private driveways, parking lots, access extensions, alleys and other paved, engineered, compacted or gravel surfaces containing materials that prevent or significantly impede the natural infiltration of Surface Water into the soil.
(i)“Local Surface Water Management Program” shall mean an identified set of local measures and activities, enacted by a certain municipality, and funded by a dedicated, sustained and adequate funding source, designed to protect, restore, and/or manage Surface Water quality within that municipality by controlling and/or reducing pollutants; and to reduce and/or manage Surface Water quantity within that municipality by controlling velocity, volume, and/or rate.
(j)“Local Surface Water Project” shall mean a project or improvement, or portion of a project or improvement, as set forth in Section 942.03(b), that the legislative authority of a municipality has determined will only have an impact on the quality and/or control of Surface Water within that municipality.
(k)“Natural State”shall describe existing land, water, soil, and vegetation characteristics that have not been substantially modified or disturbed by the construction or placement of impervious surfaces on the land.
(l)“Northern District” shall mean the following, generally situated north of the Continental Divide: the Townships of Sagamore Hills, Northfield Center, Twinsburg, Boston, Richfield, Bath (part), Copley (part), Springfield (part), the Villages of Northfield, Peninsula, Richfield, Reminderville, Boston Heights, Mogadore (Summit County portion), Lakemore (part) and Silver Lake, and the Cities of Macedonia, Twinsburg, Hudson, Fairlawn (part), Akron (part), Cuyahoga Falls, Munroe Falls, Stow and Tallmadge (Summit County portion), provided, however, that any of the aforementioned municipalities that have adopted a Local Surface Water Management Program shall be excluded from the Districtunless or until the respective municipal legislative authority authorizes participation in theDistrict by duly enacted ordinance or resolution. Any municipality creating a Local Surface Water Management Programsubsequent to the enactment of this Chapter shall be removed from the Districton the first day of January of the following calendar year unless authorized to continue participation in theDistrict by a duly enacted ordinance or resolution adopted by the municipal legislative authority. A map shall be maintained and published by the County Engineer identifying the municipalities and townships wholly or partly within the Northern District, and for those partly within the Northern District, the portion of the municipality within the Northern District.
(m)“Private Runoff Control Measures” shall mean regional Surface Water facilities and improvements that are constructed and/or maintained by a property owner that provide measurable benefit to regional Surface Water management.
(n)“Regional Surface Waterfacility and/or improvement” shall mean projects that impact multiple townships or municipalities within the Service Area due to the fact that the project either contains improvements within multiple townships or municipalities, or contains an improvement within a single township or municipality that has measurable impact on Surface Water in one or more other townships or municipalities. Provided, however, that a determination by a municipality under Section 942.03(b) of these Codified Ordinances that any facility and/or improvement, or portion thereof,is a Local Surface Water Project rather than a Regional Surface Water Improvement and/or Improvement, shall govern and control over this definition.
(j)“Regional Impact” shall mean the measure to which a Surface Water facility and/or improvement in one municipality or township influences the Surface Water of neighboring municipalities or townships as determined by current engineering standards and methods.
(o)“Service Area” shall mean all land within the corporate limits of the County, inclusive of all unincorporated areas and within the corporate limits of all municipal corporations that have not enacted a Local Surface Water Management Program and in municipalities with a Local Surface Water Management Program that have adopted legislation authorizing participation under this Chapter.
(p)“Southern District” shall mean the following, generally situated south of the Continental Divide: the Townships of Bath (part), Copley (part), Coventry and Springfield (part), the Cities of Akron (part), Fairlawn (part), Green, New Franklin, Barberton and Norton, and the Villages of Clinton and Lakemore (part),provided, however, that any of the aforementioned municipalities that have adopted a Local Surface Water Management Program shall be excluded from the District unless or until the respective municipal legislative authority authorizes participation in the District by duly enacted ordinance or resolution. Any municipality creating a Local Surface Water Management Program subsequent to the enactment of this Chapter shall be removed from the Districton the first day of January of the following calendar year unless authorized to continue participation in the District by a duly enacted ordinance or resolution adopted by the municipal legislative authority. A map shall be maintained and published by the County Engineer identifying the municipalities and townships wholly or partly within the Southern District, and for those partly within the Southern District, the portion of the municipality within the Southern District.
(q)“Stormwater” shall mean any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt.
(r)“Surface Water”shall mean any flow, including, but not limited to,Stormwater flow or other flow occurring in natural and structural channels, swales, ditches, swamps, rivers, streams, creeks, wetlands, branches, reservoirs, ponds, drainage ways, inlets, catch basins, gutters, pipes, culverts, bridges, head walls, storm sewers, lakes, and other physical works, properties, and improvements that transfer, control, convey or otherwise influence the movement of Surface Water runoff.
(s)“Surface Water Management Board” or “Board” shall mean the board organized and existing pursuant to Section 942.04 of these Codified Ordinances.
(t)“Surface Water Management Program”shall mean an identified set of regional measures and activities designed to protect, restore, and/or manage Surface Water quality by controlling and/or reducing pollutants; and to reduce and/or manage Surface Water quantity by controlling velocity, volume, and/or rate.
(u)“Surface Water Management Service Charge” shall mean a service charge, applicable to a Zoned Lot or Tract of land, that generally reflects the impact on or demand for regional Surface Water management services provided by the County to properly control and manage Surface Water runoff quantity and/or quality associated with the Zoned Lot or Tract of land. The Surface Water Management Service Charge will vary from one Zoned Lot or Tract of land to another, based on the Impervious Surface Area as calculated in ERUs, less any applicable ERU Credits.
(v)“Surface Water Management Utility”shall mean the organizational structure created by this Chapter and governed by the Surface Water Management Boardthat is responsible for funding, administering, and operating the County’s Surface Water Management Program, and that is financially supported through the Surface Water Management Service Charge.
(w)“Tract” shall mean a parcel of land not previously recorded as a Zoned Lot.
(x)“Undeveloped Land” shall mean all land that is not altered from its Natural State.
(y)“Zoned Lot” shall mean a legally subdivided lot shown on a legally recorded plat or deed, or a combination of such legally subdivided and recorded adjacent lots.
942.03JURISDICTION.
(a)The Surface Water Management Utility shall have jurisdiction over the planning, programming, performance, construction and maintenance of all Regional Surface Water Improvements within theService Area, pursuant to and subject to the provisions of this Chapter.
(b)In the event that the Surface Water Management Board proposes a Regional Surface Water Improvement in whole or in part within a municipality that has a Local Surface Water Management Program, and the legislative authority of the municipality adopts a resolution declaring the improvement, or a portion of the improvement, located within the municipality to be a Local Surface Water Project, then the Surface Water Management Board shall not proceed with the provision of the improvement, or portion of the improvement, within the municipality, but may proceed with any improvement, or portion of the improvement, within the municipality that is not declared to be a Local Surface Water Project and/or that exists outside of that municipality.
(c)The activities and programs of the Surface Water Management Utility are confined to the planning, programming, performance, construction and maintenance of regional Surface Waterfacilities and/or improvements and the planning, programming, performance, construction, maintenance and improvement of County Ditches within the County.
942.04GOVERNANCE
(a)There is hereby created the Surface Water Management Board. The Board shall consist of eleven (11) membersappointed by the County Executive, subject to confirmation by County Council and the following guidelines:
(i)The Summit County Executive or his/her designee.
(ii)The Summit County Engineer or his/her designee.
(iii)The Summit Council President or his/her designee.
(iv)A representative of the Metroparks Serving Summit County.
(v)A representative of the Summit Soil and Water Conservation District.
(vi)A representative of the Summit County Combined General Health District.
(vii)A representative that is an elected official or employee of a city within the Service Area.
(viii)A representative that is an elected official or employee of a village within the Service Area.
(ix)Three representatives that are elected officials or employees from townships within the Service Area, provided.
(x)In the event that no city is within the Service Area, then an additional township representative shall be appointed in place of the city representative and if no village is within the Service Area, then an additional township representative shall be appointed in place of the village representative.
(xi)No more than three of the representatives for the townships, villages and cities may be from the Northern District and no more than three of the representatives for the townships, village and cities may be from the Southern District.
(b)Each member appointed to the Board shall serve for a term of four years commencing January 1, 2014, unless otherwise unable to serve due to resignation, incompetency or inability to serve due to loss of an identified elected position. In the event of a resignation, incompetency or inability to serve, the County Executive shall appoint, subject to County Council confirmation, a replacement to serve the balance of the term.
(c)The Board shall have the following rights and powers:
(i)The Board shall establish, by resolution, general policy for the Surface Water Management Utility and the Surface Water Management Program and shall generally oversee the planning and programming of all Regional Surface Water Improvements within the Service Area as set forth in Chapter 942 of these Codified Ordinances.
(ii)The Board shall establish, by resolution, its program recommendations for implementation by the County Engineer. The Board shall oversee the County Engineer’s day-to-day administration of the Surface Water Management Utility and Surface Water Management Program and the Engineer’s performance, construction and maintenance of all Regional Surface Water Improvements within the Service Area.