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) "Billing period" means the period identified from the first day of the month to the last day of the month. All bills rendered during a month are for the period beginning on the first day of the same month and are valid for that entire month unless otherwise identified. When a developed or undeveloped property does not receive City sanitary sewer service changes ownership during a billing period, the account existing on the first day of the billing period shall be liable for the prorated portion of the drainage fee for that billing period from the first day of the billing period until the day the property transaction is recorded with the Stark County Recorder.
(b) "Bonds" mean revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
(c) "Calendar year" means a twelve month period commencing on the first day of January of any year.
(d) "Costs of construction" means costs reasonably incurred in connection with providing capital improvements to the storm 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 therefore.
(2) Physical construction, installation and testing, including the costs of labor, services, materials, supplies and construction 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 contractor or sub-contractor in respect of any default under a contract relating to construction.
(7) Principal of interest of any bonds.
(8) Miscellaneous expenses incidental thereto.
(e) "Debt service" means, with respect to any particular calendar year and any particular series of bonds, and amount equal to the sum of all interest payable on such bonds during such calendar year, plus any principal installments of such bonds during such calendar year.
(f) "Developed property" means that which has been altered from its natural state by the removal of vegetation and/or topsoil or by the addition of any improvements such as a building, structure, impervious surface, change of grade, or landscaping. For new construction, a property shall be considered developed pursuant to this chapter:
(1) Upon issuance of a Certificate of Occupancy, or upon completion of construction of final inspection if no such certificate is issued; or
(2) Where construction is at least fifty percent (50%) complete and construction is halted for a period of three months.
(3) Where vegetation and/or topsoil have been removed leaving exposed soil surfaces for a period of three months.
(g) "Director" means the Director of Public Service and Safety, or his designee.
(h) "Dwelling unit" means any residential space for habitation as classified by the City Building Code.
(i) "Equivalent Residential Unit" or ERU means the statistical average horizontal impervious area of "residential units" (single family, mobile homes, multifamily, condominiums, etc., within the City of Massillon). The horizontal impervious area includes, but is not limited to, all areas covered by structures, roof extensions patios, porches, driveways, and sidewalks.
(j) "ERU rate" means a drainage fee charged on each ERU as established by City Council.
(k) "Exempt property" means public rights of way, public streets, public alleys and public sidewalks.
(l) "Extension and replacement" means costs 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 acquisitions for the system and any related costs thereto, or paying extraordinary maintenance, including the costs of construction, or any other expenses which are not costs of operation and maintenance or debt service.
(m) "Impervious area" and "impervious surface" means a horizontal surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-pervious surfaces such as compacted clay or gravel, un-vegetated and under vegetated solid surfaces, as well as streets, roofs, sidewalks, patios, porches, parking lots, athletic courts and other similar surfaces.
(n) "Nonresidential developed property" means any lot or parcel not exclusively residential as defined herein, including transient rentals such as hotels and motels.
(o) "Operating budget" means the annual operating budget adopted by the City for the succeeding calendar year.
(p) "Operations and maintenance" means the 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, and 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.
(q) "Residential property" means any lot or parcel developed exclusively for residential purposes including, but not limited to, single family homes, manufactured homes, multifamily, apartment buildings, and condominiums.
(r) "Revenues" mean all rates, fees, assessments, rental or other charges or other income received by the Stormwater Drainage Fund, in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practice.
(s) "Stormwater Management System" or "system" means the existing stormwater management of the City and all improvements thereto which by this Chapter are constituted as the property and responsibility of the City, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to present or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.
(t) "Stormwater fee" means a fee authorized by Ordinance(s) established to pay operations and maintenance, extension and replacement and debt service.
(u) "Stormwater Drainage Fund" means the enterprise fund created by City Council to operate, maintain and improve the system and for such other purposes as stated in this Chapter.
(v) "Undeveloped Property" means real property which is a buildable lot within the corporation limits.
(w) "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.
(x) "User Fee District" means the area or property within the corporate limits of the City of Massillon.
(y) "Vacant improved property" means vacant property which is, or could reasonably be, served by any subdivision improvements that allow egress.
(Ord. 95-2010. Passed 11-1-10.)