As used in this Chapter:
(1) "Benefited Property Frontage" means the actual length of the property measured along the street right of way abutting the improvement except that for "Irregular lots" (See subsection (8) below) and parcels the benefited property frontage shall be the sum of the lengths of the front and rear property lines divided by two. Where the improvement does not benefit the entire length of the property frontage, then the benefited property frontage shall be the actual length of the improvement abutting the property.
(2) "Corner Lot" means a lot or parcel of land that bounds and abuts on two different, intersecting streets; "long side of a corner lot" means that side of the corner lot bounding and abutting on a street that is greater in length than the other side of the lot bounding and abutting on the other street; and "short side of a corner lot" means that side of the corner lot bounding and abutting on a street that is shorter in length than the other side of the lot bounding and abutting on the other street; provided that where a corner lot is attached to a contiguous, buildable lot and both lots are owned by the same person, that contiguous, buildable lot shall not be considered for determining which side is the short side.
(3) "Curb" means a concrete or stone edging along the street pavement, which may, but need not, be integrated with the pavement or the gutter; this term includes curbs with gutters.
(4) "Driveway Approach" means the portion of a concrete, asphalt, or brick driveway surface with an adequate base connecting the sidewalk or street right of way line to a street pavement.
(5) "Driveway Culvert" means a conduit located under a drive approach which conveys stormwater runoff from a roadside ditch or swale on one side of the driveway to the other side.
(6) "Front Property Line" means the property line which abuts the street right of way.
(7) "Grading" means the shaping of the ground adjacent to the street and/or sidewalk to conform to the plan grades.
(8) "Irregular Lot" means a lot or parcel of land for which either the length of the front property line is twenty five percent (25%) or more longer than the rear property line or the rear property line is twenty five percent (25%) or more longer than the front property line.
(9) "Item" means a specifically described unit of work for which a price is provided.
10) "New" means an item which is being constructed of properly designed size, thickness, type and grade for the first time and includes the construction of a curbed street in place of a non curbed street, storm sewer in place of a roadside ditch or a roadside ditch which has been tiled or piped, a public water main in place of individual private water service lines and/or conduit of less than 6" diameter.
(11) "Pavement" means an asphaltic concrete, or portland cement concrete, pavement with the following minimum additions: adequate base, grading and subsurface drainage system.
(12) "Pedestrian Walkway" means an improved path provided for pedestrian and non motorized vehicle travel from one point to another.
(13) "Petition" means a written request for an improvement that is signed by the owners of more than fifty percent (50%) of the property to be assessed for that improvement which has been approved by the Law Director as being sufficient for its intended purpose and is filed with the Clerk of Council.
(14) "Planting" means topsoiling and seeding or sodding, fertilizing and mulching and may include other landscaping items such as shrubbery, ground cover, and trees.
(15) "Rear Property Line" means the portion of a parcel boundary which is essentially parallel to the street and most distant from the street.
(16) "Reconstruction" or "Reconstructed" means the rebuilding or replacement of an item which has become obsolete or has deteriorated due to age and which, upon completion, will conform essentially to its original size, shape and function, except that reconstructed items will normally be made to conform to the most current standard for the item.
(17) "Resurfacing" or "Resurfaced" means the application of an asphaltic concrete surface course and related repair work as needed to the street surface to correct rutting, depression, surface failures, minor crown deficiencies and settlements and may involve the removal of the old pavement surface prior to the application of the surface course.
(18) "Roadside Ditch" or "Swale" means an open, grass or paved, drainage system graded adjacent to a street pavement to collect and convey surface storm water from its point of origin to a given point of discharge and including culverts for crossing the flow from one side of a street to the other side.
(19) "Roadside Ditch" or "Swale Elimination" means an enclosed conduit placed in a roadside ditch or swale including periodic inlets to allow entry of surface water.
(20) "Roof Drain Pipe" means an enclosed conduit to convey roof drainage from the property line to the curb, gutter, storm sewer or roadside ditch or swale. This pipe may also convey flow from foundation drains and/or air conditioner condensate.
(21) "Sanitary Sewer" means an enclosed conduit, including manholes and cleanouts, to convey sanitary sewage from sanitary sewer building drain lines to a given point of discharge. This term does not include sanitary sewer building connections or the sanitary sewer building drain.
(22) "Sanitary Sewer Building Connection" means an enclosed conduit to convey sanitary sewage from the sanitary sewer building drain to the sanitary sewer and includes the sewer lateral pipe from the sanitary sewer to the sewer easement line or street right of way line, and the wye or tee at the connection to the sanitary sewer.
(23) "Sanitary Sewer Building Drain" means an enclosed conduit to convey sanitary sewage from a building (or other source of sanitary sewage) to the sanitary sewer building connection. Clean water discharge such as foundation drains, roof drains and air conditioner condensate are prohibited in the sanitary sewer building drain.
(24) "Sealing Surface Treatment" means the application of aggregate, asphaltic emulsion and related work as needed to street surfaces to seal cracks, improve skid resistance and restore a uniform surface treatment and appearance.
(25) "Sidewalk" means a concrete or brick walk with an adequate base parallel to the street and within the public easement or street right of way.
(26) "Special Assessment Period" means the calendar period, as indicated in Section 925.04 herein, in which a petition is filed requesting the improvement of a street or streets or, if no petition is filed, the calendar period in which the resolution of necessity relating to that improvement is adopted, and is used to determine the rate of the special assessments applicable to the improvement.
(27) "Special Item" means:
A. Any improvement necessitated by damage, or potential damage, caused by an improvement described in this Chapter, or any item which is needed to address a specific or special need of a property, which special item is being constructed upon agreement with the owner of the benefited property, to pay the cost of the improvement or item as a part of the assessment placed upon the benefited parcel, or any item or improvement which is being constructed due to potential and/or impending injury to those using the public right of way or
B. Any other item or improvement that is permitted under Ohio Revised Code Chapter 727 or this Chapter, but is not part of a normal project, including but not limited to retaining walls, special sidewalks, steps, ramps, special driveway approaches, special landscaping, decorative street lighting, underground power, telephone, etc. which is specifically identified as a project element in the Resolution of Necessity passed by Council.
(28) "Storm Sewer" means an enclosed conduit and associated structures, designed and constructed of an adequate size and to an adequate depth to collect and convey pavement under drains, foundation and roof drainage discharge from adjacent structures as well as surface runoff from pavement, walks, drives and yards, including pipe inlets, catch basins, manholes, headwalls and, where included in the project, retention/detention facilities to collect surface water and convey it to a given point of discharge.
(29) "Street" means a public way including alleys, avenues, boulevards, circles, courts, drives, lanes, parkways, paths, places, roads, streets, terraces, walks, ways, thoroughfares, expressways, freeways and other public rights of way, including associated public utility easements.
(30) "Water Main" means an enclosed conduit to convey water to a water service connection and includes water lines, valves, and hydrants.
(31) "Water Service Connection" means an enclosed conduit to convey water from a water main including the service line, tap, and corporation stop to the curb stop, valve and box which shall be located within the public right of way or easement.
(32) "Water Service Line" means an enclosed conduit to convey water from a water service connection at the curb stop, valve and box to a house or other point of use.
(33) "Yard Drain" means a drain inlet or catch basin located on private property to drain surface water from a low area which cannot be otherwise drained by grading.
(34) "Yard Drain Connection" means an enclosed conduit to convey stormwater flow from a yard drain to the public storm sewer, including the wye or tee connector at the storm sewer.
All improvements described in the definitions above include all necessary and incidental appurtenances thereto.
(Ord. 1992-23. Passed 4-8-92.)