941.01 DEFINITIONS.
   For the purpose of this chapter, the words and phrases shall be defined as follows, unless the context clearly indicates or requires a different meaning.
   (1)   ABATEMENT. Any action taken to remedy, correct, or eliminate a condition within, associated with or impacting a drainage system, pursuant to Sections 941.22 or 941.23.
   (2)   APPEALS BOARD. The Stormwater Management Utility Appeals Board whose duties shall be pursuant to Section 941.24. The Service Committee of Council shall serve as the Appeals Board unless it shall by resolution designate another board. The Director of Public Works or Clerk of Council or designee shall serve as the executive secretary of the Appeals Board.
   (3)   COUNCIL. The Council of Canal Winchester, Ohio.
   (4)   CREDIT. A reduction in a customer's stormwater service fee given for certain qualifying activities which reduce either the impact of increased stormwater runoff or reduce the Village's costs of providing stormwater management. The qualifying activities are prescribed herein.
   (5)   DETENTION BASINS. Dry surface stormwater storage areas created by natural contours or by constructing a basin by excavation or embankment or by installing underground structures such as concrete pipes or chambers.
   (6)   DEVELOPER. A person, firm, partnership or corporation, which otherwise improves a specific parcel or tract of land, performs construction work of any kind in the "project area" as defined in this section or holds or is required to obtain a "permit" as defined in this section.
   (7)   DIRECTOR. The Director of Public Works shall serve as Director of the Stormwater Management Utility.
   (8)   EMBANKMENT. Any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface or cut and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; a fill or the material used to make an embankment.
   (9)   ENGINEER, PROFESSIONAL. A person holding a certificate of registration under Ohio R.C. 4733.14 or 4733.19.
   (10)   EROSION. The wearing away of the land surface by the action of wind, water or gravity.
   (11)   EXCAVATION. Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom. The difference between a point on the original ground and designated point of lower elevation on the final grade; cut or the material removed in excavation.
   (12)   EXISTING. Present or in effect as of the time of the adoption of this chapter.
   (13)   FACILITIES. Various drainage works that may include inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components.
   (14)   GRADING. Any stripping, cutting, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition.
   (15)   IMPROVED PROPERTIES. Improved properties shall be defined as those which contain impervious areas located upon them.
   (16)   MUNICIPAL. Property or facilities owned by the Village of Canal Winchester, Ohio.
   (17)   NOTICE. A written or printed communication conveying information or warning.
   (18)   ORDER. The whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) or any matter issued by the Director or person designated by them pursuant to any provisions of this chapter.
   (19)   OWNER. Any person, business or organization that possesses real property.
   (20)   PERMIT. The "stormwater management permit" required by this chapter.
   (21)   PERSON. Any person, firm or corporation (public or private), the State of Ohio and its agencies or political subdivisions and the United States of America, its agencies and instrumentalities, and any agent, servant, officer, or employee of any of the foregoing.
   (22)   PREMISES. A lot or parcel and the buildings and improvements situated thereon.
   (23)   PRIVATE. Property or facilities owned by individuals, corporations, and other organiza-tions and not by local, state, or federal government.
   (24)   PROJECT AREA. The land lying within the geographical limits of the tract(s) or parcel(s) under consideration and on which the work is to be performed.
   (25)   PUBLIC. Property or facilities owned by local, state, or federal governments.
   (26)   PUBLIC STORMWATER OPEN CHANNEL.
      A.   All open channels which convey, in part or in whole, stormwater;
      B.   Is an open channel which has a permanent drainage/stormwater easement owned by the Village of Canal Winchester or is located within Village of Canal Winchester owned property, and
      C.   Drains an area which includes Village of Canal Winchester owned property or public right-of-way. A public stormwater open channel does not include roadside ditches which convey only immediate right-of-way (roadside) drainage.
   (27)   RETENTION BASINS. Permanent ponds where additional stormwater storage capacity is provided above the normal water level.
   (28)   ROUTING. An engineering technique described as computation of the movement and attenuation of an inflow hydrograph as it passes through the stormwater system, resulting in a discharge hydrograph at the downstream end of an element such as a pipe, channel, or detention basin, and accounts mathematically for the effects of storage on flow through the element. Level pool routing assumes that a retention/detention facility maintains an "even" or "level" surface water elevation.
   (29)   SEDIMENT. Solid material both mineral and organic, that is in suspension, is being transported, or has been moved from its original site or origin by air, water, or gravity as a product of erosion.
   (30)   SEDIMENT CONTROL PLAN. A plan required by an ordinance, rule, or regulation for controlling the movement of soils due to storm runoff created by construction activities.
   (31)   STORM, STORMWATER. Storm and stormwater as used in this chapter are interchangeable terms.
   (32)   STORM SEWER, STORM DRAIN. A sewer or drain which carries stormwaters, surface runoff, street wash waters, and drainage, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water. Storm sewers begin at the grating or opening where water enters the structure, through the sewer and conduits to the outlet structure where water enters a channel or natural watercourse.
   (33)   STORMWATER MANAGEMENT CODE. Chapter 941 of Canal Winchester Village Code of Ordinances.
   (34)   STORMWATER MANAGEMENT DESIGN MANUAL. A handbook of design methods, standards, and requirements for the design, construction, maintenance, and use of stormwater facilities written by and available from the Village, as part of the Village Code.
   (35)   STORMWATER MANAGEMENT SYSTEM. All man-made facilities, structures, and natural watercourses used for collecting, transporting, detaining, storing or disposing of stormwater to, through, and from drainage areas to the points of final outlet including, but not limited to any and all of the following: inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees, and pumping stations.
   (36)   TOTAL AREA. The square footage of a lot or parcel measured or estimated by using the outside boundary dimensions, in feet, converted to acres (one acre equals 43,560 square feet), to obtain the total enclosed area, without regard for topographic features of the enclosed surface, as used in Section 941.16 for the purpose of determining the rate class for lot(s) or parcel(s) of real property. The boundary dimensions in feet of the enclosed surface area may be established by any of the following methods selected by the Utility for each lot or parcel:
      A.   On-site or photogrammetric measurements of the apparent outside boundary dimensions of the lot or parcel of real property made by the Village or on its behalf; or
      B.   Computation of the area using dimensions of lot or parcel of real property and/or existing area measurements which are set forth and contained in the records of the office of the Village Recorder or Auditor.
   (37)   UTILITY. The Stormwater Management Utility provided for by this chapter, which may be operated or organized as a department of the Village of Canal Winchester, Ohio.
   (38)   VILLAGE. The Village of Canal Winchester, Ohio.
   (39)   VILLAGE ENGINEER. A professional engineer designated by and representing the Village of Canal Winchester, Ohio or his authorized agent.
   (40)   WATERCOURSE. A permanent or intermittent stream, river, brook, creek, channel, swale or ditch for water whether natural or manmade.
      (Ord. 31-10. Passed 8-16-10.)
ORGANIZATION AND OPERATION