As used in this chapter:
(a) “Apartment building.” A building which consists of housing units for rent wherein the land or lot beneath the multi-dwelling structure is owned by the building owner. In the application of stormwater management fees, the parcel on which the apartment building resides shall be classified as non-residential property and billed accordingly.
(b) “Common area.” A property which is privately owned by an individual or an entity such as a homeowners' association or property owners' association, but is available for use by all tenants, groups of tenants, or their invitees within a residential or commercial development. In the application of stormwater management fees, the parcel(s) on which the common area is located shall be classified as non-residential property and billed accordingly based on impervious surface area.
(c) “Condominium.” A dwelling unit which is detached or attached to one or more other dwelling units, wherein the land or lot beneath each dwelling may be individually owned, while common areas are privately owned by a condominium association. In the application of stormwater management fees, each condominium unit shall be charged one ERU, billed to the unit owner.
(d) “Double or multi family property.” A property designed for or occupied by multiple families entirely surrounded by yard on the same lot. In the application of stormwater management fees, the property shall be charged one ERU per residential unit designed to live on the parcel, billable to the property owner.
(e) “Exempt property.” Any public right-of-way, public street, public alley, public sidewalk, and all land owned by the Federal government, the State of Ohio, and political subdivisions of the State of Ohio.
(f) “Equivalent residential unit (ERU).” An ERU is the average impervious surface area (measured in square feet) of all residential properties in the City. As of 2017, that amount is 4,300 square feet. The ERU shall be used as the basis for determining stormwater management fees, for all property sites in the City.
(g) “Impervious surface.” Any surface material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, rooftops, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.
(h) “Impervious surface area.” The number of square feet of horizontal surface covered by buildings, drives, and other impervious surfaces.
(i) “Non-residential property.” All properties not encompassed by the definition of residential. In the application of stormwater management fees, total property impervious area will be divided by 4,300 square feet to calculate ERUs for each non-residential property.
(j) “Residential property.” Property which serves the primary purpose of providing a permanent dwelling unit to a family or families, except properties which contain apartment buildings (See definition (a), above).
(k) “Service area.” All real property within the corporate limits of the City, including all real property legally annexed thereto.
(l) “Service charge.” A stormwater management fee applicable to a parcel of real property that generally reflects the impact on or demand for stormwater management services provided by the City to properly control and manage the quantity and/or quality of stormwater runoff associated with the parcel of real property.
(m) “Single family residential property.” A property designed for or occupied by one family entirely surrounded by yard on the same lot. In the application of stormwater management fees, each single family residential property shall be charged one ERU per parcel, billable to the property owner.
(n) “Stormwater drainage facilities.” Storm sewers, inlet basins, manholes, and facilities for the conveyance, retention, control, or storage of waters; improvements to or for any natural or structural channel, swale, ditch, drain, floodplain, floodway, or watercourse, including location, construction, reconstruction, reconditioning, widening, deepening, cleaning, removal of obstructions, straightening, boxing, culverting, tiling, filling, walling, arching, or change in course, location, or terminus; improvements to or for a river, stream, creek, or run, including reinforcement of banks, enclosing, deepening, widening, straightening, removal of obstructions, or change in course, location, or terminus; facilities for the protection of lands from the overflow of water, including a levee, wall, embankment, jetty, dike, dam, sluice, revetment, lake, pond, reservoir, swamp, swale, wetland, retention or holding basin, control gate, or breakwater; facilities for controlled drainage, regulation of stream flow, and protection of an outlet; the vacation of a ditch or drain; equipment and furnishings; and all required appurtenances and necessary real estate and interests in real estate.
(o) “Stormwater drainage system.” All stormwater drainage facilities and natural watercourses owned by the City, or over which the City has jurisdiction by law to operate or maintain, used for collection and conducting stormwater to, through, and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: Conduits and appurtenant features, canals, channels, creeks, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, streets, curbs, gutters, dams, floodwalls, levees, retention or detention facilities, rivers, swales, swamps, wetlands, and pumping stations.
(p) “Stormwater management.” The tasks required to control stormwater runoff using stormwater management systems, to protect the health, safety, and welfare of the public, and to comply with relevant State and Federal regulations.
(q) “Stormwater management program.” An identified set of measures and activities designed (i) to protect, restore and/or manage stormwater quality by controlling and/or reducing pollutants, and/or (ii) to reduce and/or manage stormwater quantity by controlling velocity, volume and flow rate.
(r) “Stormwater management utility.” The enterprise fund utility created by this division for the purpose of collecting revenues for operating, maintaining, improving, and managing stormwater and imposing charges for the recovery of costs connected with such stormwater management.
(s) “Undeveloped property.” Unimproved properties with less than 4,300 square feet of total impervious surface that do not have a water service account and are not attached to and utilized by an adjacent developed parcel. In the application of stormwater management fees, undeveloped property will not be charged a stormwater fee.
(t) “User.” Any person owning, operating, or otherwise responsible for property within the City.
(u) “Utility.” The stormwater management utility established pursuant to this chapter.
(Ord. 105-17. Passed 1-8-18.)