Title
Private Property Storm Water Policy
Brief Description: City Staff would like to discuss with City Council the update of the City’s Storm Water Policy. City staff will present an outline of the discussions with the Ad Hoc Storm Water Committee and provide a draft update of the policy, which includes work on private property and criteria of this work.
Body
Legislative History
Res. No. 15-25 - Establishment of a Formal Storm Water Work Policy; 3/3/2015
Purpose & Explanation
In December 2021, City Council identified a desire to evaluate and update the City’s policy for storm water related work, and to possibly resolve large issues on residential private property. As a result, an Ad Hoc Storm Water Committee which included both City Council members and City staff was appointed to review and update the policy.
The Ad Hoc Committee met on January 19, 2022 and March 10, 2022 to discuss the existing private property storm water policy, proposed goals of the new policy and potential implications of a new policy that would allow the City to perform storm water related work to resolve on-going, significant flood mitigation projects on private properties.
At the first meeting, the committee discussed the existing storm water policy and criteria, reviewed the City’s existing nuisance code, reviewed the current, storm water projects identified in the 5-year capital budget and major, private property storm water issues that are not being addressed in the 5-year budget.
At the second Ad Hoc Committee Meeting, staff outlined and described existing, on-going private property storm water issues, key similarities between each issue and budgets necessary to address each issue.
The attached draft 2022 Storm Water Policy describes the intent and scoring criteria for prioritization of potential, private property storm water improvements to be addressed by the City. The Staff reviewed the list of the already evaluated, private property issues, potential projects to address each issue and then categorized the projects as follows: three (3) major priority projects (cost over $1 million), five (5) medium priority projects (costs between $100,000 to $1 million) and four (4) low priority projects (costs less than $100,000). The Staff also developed a tentative schedule for the implementation into future Capital Budgets for each project and then created a scoring criterion to evaluate future private property projects as they are identified.
Attached is a summary of anticipated, initial improvements, improvement budgets and implementation schedule for Council's consideration.
Funding Sources
Staff reviewed potential funding sources for future storm water projects. A few programs available are summarized below:
• Local Funds (Capital Budget). Bonding.
• Private Property Capital Improvement Assessments (City Assessment Process)
• Northeast Ohio Regional Sewer District (NEORSD) - Potential funding for projects within the Brandywine Creek Watershed identified in NEORSD’s storm water master plan. Applications need approved by NEORSD. City contribution and NEORSD Capital Improvement Programs.
• State Emergency Management Agency (EMA) Grants - programs available for pre-disaster mitigation and hazard mitigation funds for projects eliminate flooding for structures and infrastructure that have recorded, repetitive flooding.
• Ohio EPA 319 Grants - Traditionally grants for projects that restore Ohio streams and riparian habitats including reducing nonpoint source pollutants such as nutrients, sediment and bacteria.
Ohio Lake Erie Area Commission - projects that protect, preserve and restore Lake Erie or tributary watersheds.
• Ohio Water Development Authority (OWDA) & Ohio Department of Natural Resources (ODNR) Dam Safety Loans - loan programs to assist the state's dam owners in funding safety related repairs and improvements.
• Federal Emergency Management Agency (FEMA) - Programs and funding sources within the Special Flood Hazard Areas.
Lastly, City staff anticipates updating the City’s nuisance code to protect private property owners from flooding created by downstream nuisances. A draft copy of Ordinance 660.22 - “Obstructing Sewers and Watercourses” with suggested updates is attached to this memo for Council's consideration and discussion.
Timing Considerations
With Council’s concurrence, staff will finalize the draft Private Property Storm Water Policy and update the nuisance code for Council’s approval in the coming month and implement improvements into future Capital Budgets.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
Appropriation Not Required.
X 2023-2027 Five Year Capital Budget (Needed if Approved)
Recommendation
Suggested Action
Staff recommends council discussion and further direction on the drafting and implementation of a new Storm Water Policy, as described above in order to codify these changes.
Submitted by,
Thomas J. Sheridan, Interim City Manager
Bradley Kosco, P.E., P.S., City Engineer