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North Royalton committee agrees to update stormwater code after citizen urges Atlas 15 adoption
Summary
At a July 1 Storm Water Committee meeting, officials rejected a moratorium on subdivision approvals and agreed to update city code language (removing TR-55) after a resident pressed for early adoption of Atlas 15 and a 10% interim safety factor to account for changing rainfall standards.
Chair Heidi Webber convened the North Royalton Storm Water Committee on July 1, where members discussed whether to pause subdivision approvals while the city considers updated stormwater design standards.
Edward (Ed) Jacak of 8954 Albion Rd, speaking for NoRo Flood Fight, told the committee he hoped the city would update its ordinance language (which still cites TR‑55) and consider adopting the forthcoming Atlas 15 beta or, at minimum, apply an interim 10% safety factor to Atlas 14 calculations. He said pilot work in Montana indicates Atlas 15 increases 24‑hour rainfall estimates by about 10–20% compared with Atlas 14 and argued the city should “build to the correct standard that we need to last for 50 to 100 years.”
Law Director Tom Kelly cautioned against using a moratorium lightly. Kelly said moratoriums face ‘‘heavy scrutiny’’ in court and can amount to a compensable taking if they effectively prevent property owners from exercising rights under existing codes. He advised any moratorium be prospective, narrowly tailored and supported by expert studies, noting that imposing a moratorium can create a related duty for the city to fix identified problems.
Mayor Larry Antoskiewicz and Vice Chair John Nickell described ongoing city work — routine cleaning ahead of storms, expanded basin maintenance and other investments — and said they did not see a need for a moratorium. Nickell said engineers and staff have been pushing for larger basins where appropriate and that residents’ concerns are being heard.
City Engineer Matthew Glass confirmed that, in practice, engineers have been using Atlas 14 and current standards even though an older reference (TR‑55) remains in the written code. Glass told the committee it is “minimal effort” to update the code to remove TR‑55 and reference current, adaptable standards; he said he could draft proposed language quickly for committee review.
The committee voted 3–0 to remove the agenda item about pausing subdivision approvals and to instead pursue a code update. Webber asked for a draft of code language by the committee’s next meeting in September. Jacak offered to provide citation-backed materials about Atlas 15 and the Montana pilot data to city staff.
The discussion did not change any existing permits or approvals; members emphasized that any change to permitting standards would be prospective and that existing applications (such as the Albion Rd submittal discussed at Planning Commission) proceed under current code. Glass and staff said regional reviewers (the Regional Sewer District and Soil & Water) and the city continue to review applicants’ hydrologic studies.
Next steps: Glass will prepare draft code language removing TR‑55 and aligning the city’s ordinance language with current statewide practice; the committee will review that draft at a future meeting. Jacak and NoRo Flood Fight may submit supporting data on Atlas 15 for staff consideration.
