For the purpose of this chapter, the following definitions shall apply. Words used in the singular shall include the plural, and the plural, the singular. Words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
(a) "Appraisal District" means the area of property within the corporate limits of the City of Hubbard, Ohio.
(b) "Bonds" means revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
(c) "BMP" (Best Management Practice) means a permit condition used in place of or in conjunction with effluent limitations to prevent or control the discharge of pollutants. It may also include a schedule of activities, prohibitions of practices, maintenance procedures, or other management practices. BMP’s may include, but are not limited to, treatment requirements, operating procedures, and practices to control plant site runoff, spillage, leaks, sludge or water disposal, or drainage from raw material storage.
(d) "Calendar Year" means a twelve-month period commencing on the first day of January of any year.
(e) "Commercial Unit" means any building or structure that is appropriate or sufficient for the purpose of trade, used for the purpose of buying and selling goods, or services, or used for conducting business with the primary purpose of making money.
(f) "Costs of Construction" means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including, but not limited to, the costs of:
(1) Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements thereof;
(2) Physical construction, installation and testing, including the costs of labor, services, materials, supplies and utility services used in connection therewith;
(3) Architectural, engineering, legal and other professional services;
(4) Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation;
(5) Any taxes or other charges which become due during construction;
(6) Expenses incurred by the City or on its behalf with its approval in seeking to enforce any remedy against any contractor or sub-contractor in respect of any default under a contract relating to construction;
(7) Principal and interest of any bonds, and;
(8) Miscellaneous expenses incidental thereto.
(g) "Debt service" means, with respect to any particular Calendar Year and any particular series of Bonds, any amount equal to the sum of:
(1) All interest payable on such Bonds during the Calendar Year, plus;
(2) Any principal installments of such Bonds during such Calendar Year.
(h) "Developed Property" means real property other than Undisturbed Property and Vacant Improved Property.
(i) "Director" means the Service Director and/or Superintendent of Streets serving as Director of Water Pollution Control, or his/her designee.
(j) "Drainage Fee" means a fee authorized by Ordinance(s) and established to pay Operations and Maintenance, Extension and Replacement and Debt Service.
(k) "Exempt Property" means public rights of way, public streets, public alleys, public sidewalks, government owned buildings and property including schools, and churches and church property.
(l) "Extension and Replacement" means the cost of extensions, additions and capital improvements to, or the renewal and replacement of, capital assets of, or purchasing and installing new equipment for, the System, or land acquisition for the System and any related cost thereto, or paying extraordinary maintenance and repair, including the Cost of Construction, or any other expenses which are not costs of Operation and Maintenance of Debt Service.
(m) "Impervious Area" means an area of hard surface that either prevents or retards the entry or water into the soil mantle, as it entered under natural conditions as undisturbed property, and/or causes water to runoff the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undisturbed property, including, but not limited to, driveways and pavement (concrete/blacktop parking area).
(n) "Industrial Unit" means any building or structure used in the economic activity connected with production, manufacture or construction of a particular product or range of products.
(o) "Land Use Code" means a particular number assigned which designates the legal use/intended use of a particular parcel of real property. The Trumbull County Auditor's Office generally sets Land Use Codes, however, in this sense, certain codes may be combined by the Storm Water Utility to provide a more uniform code.
(p) "Operating Budget" means the annual Utility operating budget adopted by the City Council for the succeeding year.
(q) "Operations and Maintenance" means the then current expenses, paid or accrued, of operation, maintenance and current repair of the System, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice.
(r) "Public Unit" means any building or structure that is primarily used by the general public for any purposes other than operation for profit or residential use.
(s) "Residential Unit" means a (single/multiple) residential building or structure used for the purpose of providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
(t) "Revenues" means all rates, fees, assessments, rentals or other charges or other income received by the Utility, in connection with the management and operation of the System, including amounts received from the investment or deposit of monies in any fund or account and any amounts contributed by the City, all as calculated in accordance with generally accepted accounting principles.
(u) "Storm Water Board" means an advisory panel for the City of Hubbard, Ohio which shall concern itself with questions dealing with implications of the Storm Water Phase Il Mandate or any issue that deals with the Storm Water Utility and which shall make recommendations to the Service Director, whom shall have final determination. The Storm Water Board shall consist of a three (3) member body to be assembled by the following: one (l) member shall be assigned by the Mayor and shall serve a term of 2 years and two (2) members selected by the Chairman of Hubbard City Council's Utilities Committee, who shall serve for a term of 2 years.
(v) “Storm Water Management System" or "System" means the existing storm water management of the City of Hubbard, Ohio, and all improvements thereto which by this chapter are constituted as the property and responsibility of the Utility, to be operated as an enterprise fund to, among other things, conserve water, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise effect the quality and quantity of discharge from such system (as required by the Approved Storm Water Phase II Management Plan).
(w) "Storm Water Utility" or "Utility" means the enterprise fund utility created by this chapter, to operate, maintain and improve the System and for such other purposes as stated in this chapter.
(x) "Undisturbed Property" means real property which has not been altered from its natural state by dredging, filling, removal of trees and vegetation or other activities which have disturbed or altered the topography or soils on the property.
(y) "Vacant Improved Property" means vacant property which is, or could reasonably be, served by any subdivision improvements that allow egress.
(Ord. 33-07. Passed 12-26-07.)