Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
(a) "Codes Enforcement Officer." Codes Enforcement Officer of the Village of Loudonville.
(b) "Combined sewer." A sewer intended to receive both wastewater and storm or surface water.
(c) "Debt Service." The payment requirements necessary to amortize the debt assumed by the Storm Drainage Utility for the purpose of financing operations, maintenance, and improvements to same.
(d) "Engineer." The Village Engineer or consulting engineer of the Village of Loudonville, and its duly authorized deputy, agent, or representative.
(e) "Equivalent Residential Unit (ERU)." That amount of impervious area attributable to the averaged single-family residential property. Such measurement shall be considered as one (1) ERU, which is to be used to calculate the volume of storm water drainage.
(f) "Equivalent Residential Unit (ERU) Rate." That rate as established by ordinance by the Council of the Village of Loudonville which represents the user fee for one (1) Equivalent Residential Unit. Said rate is to be applied to a property's ERU determination. For example, if a property's contribution to the public storm water drainage system is calculated as 4 ERU's then the rate for one ERU is multiplied by 4 and the user fee is charged accordingly.
(g) "Impervious area." That area, as determined by the Engineer, which does not allow for the natural absorption of storm water and attributes storm water runoff. Examples of impervious areas include, but are not limited to, roofs, driveways, parking areas, walkways and patios.
(h) "Lateral sewer." A sewer that discharges into a branch or other sewer and has no other common sewer, except building service sewers, tributary to it.
(i) "May" is permissive; "shall" is mandatory.
(j) "Natural outlet." Any outlet in a watercourse, pond, ditch, lake, or other body of surface or groundwater.
(k) "Operation" and "maintenance costs." All expenses associated with the collection, management, and disposal of storm water, including costs related to the maintenance of the storm water drainage system.
(l) "Planning Commission." The Planning Commission of the Village of Loudonville or its duly authorized deputy, agent or representative.
(m) "Public sewer." A sewer provided by or subject to the jurisdiction of the municipality. It shall also include sewers within or outside the municipal boundaries that serve one or more people and ultimately discharge into the municipal sewer system, even though those sewers may not have been constructed with municipal funds.
(n) "Public storm water drainage system." That system where private and public property storm water runoff is discharged into, then collected and managed by the Village of Loudonville. It includes all public drains, culverts, catch basins, open ditches and waterways, control structures, retention/detention ponds and other public facilities related to the collection and management of storm water runoff located within or without the Village corporation limits.
(o) "Replacement" and "improvement costs." Expenditures for obtaining and installing equipment, accessories or appurtenance which are necessary during the service life of the storm drainage system to maintain and improve the capacity and performance for which such system was designed and constructed. Unless specifically excluded, the term "operation" and "maintenance" shall include replacement.
(p) "Sanitary sewer." A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
(q) "Sewer." A pipe or conduit for conveying sewage or any other waste liquid, including storm, surface and groundwater drainage.
(r) "SIC Manual." The Standard Industrial Classification Manual, 1972, office of Management and Budget, as amended and supplemented.
(s) "Specifications for materials." Standards of specifications identified by the following abbreviations:
ANSI: American standards approved by the American National Standards Institute Inc., 1430 Broadway, New York, New York 10018.
AASHTO: American Association of State Highway and Transportation
Officials, 444 North Capitol St., N.W., Suite 225, Washington,
D.C. 20001.
ASTM: Standards and tentative standards published by the American Society for Testing and Materials, P.O. Box 7510, Philadelphia, Pennsylvania 19101.
CS: Commercial standards representing recorded voluntary recommendations of the trade, issued by the United States Department of Commerce and obtainable from the Superintendent of Documents, Government Printing office, Washington, D.C. 20234.
(t) "Storm drain or storm sewer." A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.
(u) "Storm drainage utility." A storm drainage utility is a management system for the installation, maintenance, and operation of a storm water collection and disposal system financed from revenue derived from user fees.
(1) Storm water utility user fees are equitably based upon a property's contribution to the drainage system. This is calculated by determining impervious surface area.
(2) The storm drainage utility will address storm water drainage issues within the Village of Loudonville's corporation limits. Likewise, user fees will only be charged to those properties within the Village limits.
(v) "Storm drainage utility user fees." Those charges levied against a property for said property's contribution to the public storm water drainage system. User fees are to be based upon Equivalent Residential Units (ERU's) and the rate established for an ERU by ordinance of Council of the Village of Loudonville.
(w) "Storm water runoff." That portion of rainfall that if discharged into the public storm water drainage system, including, but not limited to, storm drains, catch basins, and ditches. Storm water which is detained (detention pond), but eventually discharged into the public storm water drainage system is considered storm water runoff.
(x) "Unpolluted water." Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
(y) "Users charge. " The charge to each recipient of storm drainage services with the municipality's service area representing a proportionate share of the costs of operation and maintenance including replacement of all storm drainage service provided and improvement to same. An incremental charge for the recovery of debt service may be included.
(z) "Users class." The division of users within the municipality's service are by the origin of storm water discharge and the function of such users. Stated in five general classes, they are:
(1) "Residential user." Any user, or contributor, to the public storm water drainage system who is a single-family residential unit. The sole purpose of the property is for housing of a single-family residence. Such residence must be billed as a single unit by the Village Clerk-Treasurer. Duplex, triplex, and apartment units may be classified as a residential user only if each residential unit is metered and billed separately for water and waste water. Residential users shall also include any property not otherwise classified herein.
(2) "Commercial user." Any user, or contributor, to the public storm water drainage system whose primary function is retail, wholesale, service, or other commercial activity. The purpose of said property is for the conduct of business. Multi-family dwellings, metered and billed as one for water and waste water, shall be deemed commercial use.
(3) "Industrial user." Any user, or contributor, to the public storm water drainage system whose primary function is the manufacture, fabrication, or assembly of goods classified as manufacturing by the Village of Loudonville Zoning Code.
(4) "Institution "or "other public user." Any user or contributor, to the public storm water drainage system whose primary function is public service. Such users may include, but are not limited to, hospitals, prisons, government offices, charitable institutions, and public service operations.
(5) "Combined user." Any user, or contributor, to the public storm water drainage system whose property serves more than a single function. Examples of such usage may include, but not be limited to; housing units converted to commercial and residential usage, commercial units partially used for residential, or any other combination of uses. Combined users shall be classified as commercial users for the purposes of computing user charges.
(Ord. 38-97. Passed 10-20-97)