AMENDING SECTION 913.06, SCHEDULE OF RATES, OF THE OAKWOOD STREETS AND PUBLIC SERVICES CODE, TO ENABLE THE CITY’S STORMWATER UTILITY TO OFFER BILLING CREDITS TO USERS WHO MITIGATE STORMWATER RUNOFF VIA ON-SITE RETENTION AND/OR DETENTION SYSTEMS.
WHEREAS, the city operates a stormwater management utility to protect public surface and groundwaters from degradation by accelerated soil erosion and pollutants, and to maintain compliance with federal and state environmental regulations; and
WHEREAS, on-site stormwater retention and/or detention facilities are desirable, particularly in connection with larger commercial and institutional properties because they can reduce the amount of runoff directed to the city’s stormwater management system, thereby reducing wear and tear and extending the useful life of the city’s stormwater management infrastructure; and
WHEREAS, the City Manager has recommended the adoption of a credit system whereby owners of commercial or institutional properties can earn billing credits by taking steps to materially reduce stormwater runoff from their properties; and
WHEREAS, Council finds that a credit system will encourage the construction of on-site retention and/or detention facilities, and will benefit the public health, safety and welfare of the city of Oakwood, and therefore desires to implement the City Manager’s recommendation;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO:
SECTION I.
Section 913.06, Schedule of Rates, of the Oakwood Streets and Public Services Code, is hereby amended to read as follows, with new text in bold font and deleted text in strikethrough font:
913.06 SCHEDULE OF RATES; ADJUSTMENTS.
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)
The City Council, upon recommendation of the City Manager, shall, by resolution, establish reasonable rates for stormwater management systems for each one-family, two-family, and three-family residential property; each such property shall be billed a flat fee established by the City Council.
(b)
For all residential properties containing four (4) or more dwelling units, and all nonresidential properties, the rate shall be computed based on the total impervious area of the property divided by the average impervious area of an equivalent residential unit, times the rate established under section (a), above, for an equivalent residential unit (ERU). The billing amount shall be updated by the Engineering Department based on any additions to or deletions from the impervious areas as approved through the building permit process. Similarly, the billing amount shall be adjusted by the Engineering Department to account for the addition or deletion of any on-site facilities for the detention, retention, or other management of stormwater runoff, as follows:
(1)
In order to qualify for a credit or billing reduction for on-site facilities, such facilities must materially reduce stormwater runoff that would otherwise be attributable to the impervious area of the subject property, and must be maintained in a manner that ensures that the on-site facilities continuously function as originally designed. Such reduction must be demonstrable and quantifiable, to the satisfaction of the City Engineer, in a manner that allows for the calculation of the subject property’s effective, rather than actual, impervious area.
(2)
To the extent that a property receives a credit or billing reduction for on-site facilities, the deletion, removal, or abandonment/disuse of such facilities shall result in a proportional decrease in the amount of the credit or billing reduction applicable to the subject property. The net effect shall be an increase in the billing amount for the subject property, which shall not exceed the amount determined on the basis of the subject property’s actual impervious area.