§ 35.082 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AVERAGE DAILY DEMAND. The average of the total amount of water used by a particular amount of land use per 24-hour day during a one-year period. For purposes of this subchapter, the AVERAGE DAILY DEMAND of water may be assumed to equal the amount of sanitary sewer discharged from a development except as otherwise stated herein.
   AVERAGE WEEKDAY TRIPS. The average number of vehicle trips generated by a particular amount of land use per 24-hour day, excluding Saturdays, Sundays, and holidays.
   DEVELOPER. A person, corporation, organization, or other legal entity undertaking development.
   DEVELOPMENT. Any construction or expansion of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land use that will generate new or additional traffic in terms of average daily trips, peak hour trips, or longer trip lengths, and/or will generate new or additional water or sewer demand.
   EASEMENT. A quantity of land over which a liberty, privilege, or advantage is granted by the owner to the public, a corporation, or particular person for a specific use or purpose.
   ENCUMBERED. Legally obligated or otherwise committed to use by appropriation or contract.
   ENGINEER, PROFESSIONAL. A person registered to practice professional engineering by the State Board of Registration as specified in R.C. Chapter 4733.
   FAIR SHARE. The share or portion of the cost of improvements which is reasonably attributable to or needed to serve a particular development.
   FEE PAYER. A person undertaking development who pays a fair share impact fee in accordance with the terms of this subchapter.
   GROSS FLOOR AREA. The total floor area of a building. For purposes of this subchapter, the gross leasable area may be assumed to equal the GROSS FLOOR AREA.
   IMPACT FEE. The fair share regulatory fee imposed upon new growth and development by this subchapter.
   IMPACT FEE USE DISTRICT. The area designed as an improvement benefit district in § 35.091 in which collected fair share impact fees must be expended.
   IMPROVEMENTS. Grading, street surfacing, curbs and gutters, sidewalks, crosswalks, water mains, sanitary sewers, storm sewers, drainage facilities and structures, street lights, street trees, and the appropriate appurtenances required to render land suitable for the use proposed.
   LEVEL OF SERVICE. A measure of roadway capacity in terms of traffic flow, in which operating speeds are assessed, and in which changes in operating conditions, fluctuations in volume, and temporary restrictions to flow are evaluated.
   LEVEL OF SERVICE D. A measure of roadway or signal capacity in terms of traffic flow which describes a condition approaching unstable traffic flow. Tolerable operating speeds are maintained, although considerably affected by changes in operating conditions. Fluctuations in volume and temporary restrictions to flow may cause substantial increases in delay and hence decreases in operating speeds. Drivers have little freedom to maneuver, and comfort and convenience are low, but conditions can be tolerated for short periods of time. LEVEL OF SERVICE D is generally calculated as a volume-to-capacity ratio of about 80% which represents average travel speeds of about 40% of free-flow speed and delays at signals of 25 to 40 seconds per vehicle.
   NON-COMMENCEMENT. The cancellation or abandonment of authorized development and the expiration or forfeiture of development approval.
   OFF-SITE IMPROVEMENTS. Roadway, water, and/or sewer facilities that are planned and designed to provide traffic, water, and/or sewer service to the general public in contrast to on-site improvements, which are necessary to provide access, water, and/or sewer to a particular development. The fact that either type of improvement may have incidental benefits of special or general character shall not be considered in determining which improvements are on- or off-site. The character of the improvement shall control a determination of whether an improvement is on- or off-site, and the physical location of the improvement on- or off-site shall not be considered determinative.
   PASS-BY TRIPS. Those trips to a development attracted from the passing traffic on adjacent streets. (Trip generation rates are based on volumes of traffic at a driveway of a site being studied. Therefore, impacts on adjacent public streets can be based on a reduction factor to account for PASS-BY TRIPS.)
   PEAK HOUR. A two-hour period from 7:00 and 9:00 a.m. and 4:00 and 6:00 p.m.
   PERSON. An individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having joint or common interest, or any other legal entity.
   RIGHT-OF-WAY. An area or strip of land on which an irrevocable right of passage is taken or dedicated and accepted for public use.
   ROAD CAPACITY. The maximum number of vehicles which have a reasonable expectation of passing over a given section of a lane or a roadway in one direction, or in both directions for a two-lane, three-lane, or four-lane highway, during a given time period under prevailing traffic conditions at an identified level of service.
   STREET OR ROAD, PUBLIC. A right-of-way, which has been properly dedicated, improved, and accepted for public use. and which provides for vehicular, pedestrian, and utility access to abutting properties.
   TRIPS. A single or one-direction movement with either origin or the destination (exiting or entering) inside a development. For traffic generation purposes, total TRIPS (or trip ends) for a land use over a given period of time are the total of all TRIPS entering plus all TRIPS exiting a development during that designated time.
   VILLAGE. The Village of Bellville, Ohio.
   VILLAGE ADMINISTRATOR. The person designated by the Village Mayor to manage, conduct, and control village utilities and improvements pursuant to R.C. § 735.273.
(Ord. 5-97, passed 1-7-1997; Ord. 17-2017, passed 2-21-2017)