(a) "Capital improvement" means an improvement with a useful life of three years or more, by new construction or other action.
(b) "Capital Improvements Program" means the Plan which sets out projected needs for system improvements during a planning horizon established in the capital improvements that will meet the anticipated need for system improvements.
(c) "Comprehensive Plan" means "The Comprehensive Plan, Chardon, Ohio" adopted by City Council on March 13, 2008, and any amendments thereto.
(d) "Developer" means any person who engages in development activity.
(e) "Development activity" means any construction, reconstruction, remodeling, alteration or expansion of a building, structure or land use; any use or change in use of a building, structure or land use; or any use of land requiring the issuance of a Zoning Permit.
(f) "Director" means the Community Development Administrator and/or the officials that he or she may designate to administer the various provisions of this chapter.
(g) "Encumber" means to legally obligate by contract or otherwise commit the use of funds by appropriation or other official act of the City.
(h) "Existing system user" (or "existing user") means a building, structure or land use which had existing sanitary sewer service, as evidenced by an active City of Chardon Sanitary Sewer Billing Account, on or before April 20, 1993.
(i) "Feepayer" means the following, in the order listed:
(1) The person who pays, or has paid, the system development charge.
(2) That person's successor-in-interest, with the right or entitlement to any refund of previously paid system development charges expressly transferred or assigned in writing to the successor-in-interest.
(3) The current landowner.
In the absence of that person who paid a system development charge and/or in the absence of an express transfer or assignment in writing of the right or entitlement to any refund, the right or entitlement shall be deemed to "run with the land" and the refund will be paid to the current owner with fee simple title.
(j) "Fixture unit load" means the load factor value assigned to various types of plumbing fixtures by the Ohio Plumbing Code.
(k) "Individual Fee Calculation Study" means the wastewater demand engineering and/or economic documentation prepared by a feepayer for the determination of the system development charge other than by application of the fee schedule in Section 1157.06 (Computation of the Amount of System Development Charge) of this chapter.
(l) "Individual fee determination" means the system development charge determined by the Director and based upon an Individual Fee Calculation Study.
(m) "Level of service" is a qualitative measure of wastewater consumption that varies by gallon, equivalent dwelling unit, and/or fixture unit, but is based on the level of wastewater facilities needed to accommodate the demand of all land uses consistent with state and federal regulations and prudent engineering practices.
(n) "Methodology report" means the report entitled "Wastewater Facility System Development Charge Study, City of Chardon, Ohio" dated 1998, which provides a methodology and analysis to determine the impact of development activity on the need and costs for additional wastewater facilities.
(o) "New development" means a development activity for which a Zoning Permit was issued on or after April 21, 1993.
(p) "Ohio Plumbing Code" means Chapters 4101:2-56 to 4101:2-69 of the Ohio Administrative Code which are known collectively as the "plumbing code" of the Ohio Basic Building Code (OBBC) in accordance with rule 4101:2-1-03 of the Ohio Administration Code; or as may hereafter be amended.
(q) "Present value" means the discounted cash flow of past, present or future payments, or contributions or dedications of goods, services, materials, construction or money; it may also be stated as current value.
(r) "Project" or "Development project" means a particular development on an identified parcel of land.
(s) "Proportionate share" means that portion of the cost of system improvements which is reasonably related to the demands and needs of a project.
(t) "Replacement value" means the cost of replacing a wastewater facility at current market prices or reasonable estimates thereof.
(u) "System development charge(s)" means a payment of money imposed upon development activity as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new development.
(v) "System Development Charge District" means a geographic area identified by the City in which a defined set of capital improvements are provided to new development.
(w) "System improvements" means capital improvements that are wastewater facility improvements which are designed to provide service to the community at large, in contrast to project improvements.
(x) "System improvement costs" means costs incurred to provide wastewater treatment capacity needed to serve new development within the City, for planning, design and construction, land acquisition, land improvement, design and engineering related thereto, the cost of constructing or reconstructing systems improvements of facility expansions, including, but not limited to the construction contract price, surveying and engineering fees, related land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees) and expenses incurred for qualified staff or any qualified engineer, planner, architect, landscape architect, or financial consultant for preparing or updating the Capital Improvement Program; and attorney fees and expenses related to the foregoing. System improvement costs shall also include projected interest charges and other finance costs if and to the extent the system development charges are to be used for the payment of principal and interest on bonds, notes, or other financial obligations issued by or on behalf of the City to finance the Capital Improvement Program. Such costs do not include routine and periodic maintenance expenditures, personnel training, and other operating costs.
(y) "City" means the municipality of Chardon, Ohio, but may also be interchangeable with the Municipal Council, referred to herein as "City Council" as the context requires.
(z) "WWTP" as used herein is the abbreviation for Waste Water Treatment Plant.
(aa) "Zoning Permit" means the document issued by the City authorizing the construction, repair, alteration or addition to a building, structure or land use. For the purposes of this chapter, a Zoning Permit also means a site development permit, building permit, change of use permit, plumbing permit, electrical permit, heating-ventilating-air conditioning permit, tap-in permit, connection permit and related permits or approvals granted by the City or the Geauga County Building Department.
(Ord. 2635. Passed 1-13-11; Ord. 3040. Passed 12-13-18.)
(Ord. 2635. Passed 1-13-11; Ord. 3040. Passed 12-13-18.)