1054.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   (a)   "Abatement" means any action taken to remedy, correct, or eliminate a condition within, associated with, or impacting a drainage system.
   (b)   "Adjustment" means a modification in a nonresidential customer's stormwater service fee for certain activities that impact stormwater runoff or impacts the City's costs of providing stormwater management.
   (c)   "Apartment property" is defined as a lot or parcel of real estate on which is situated a building containing three or greater single-family dwelling units.
   (d)   "Approved plans" shall mean plans approved according to a permits and plan review which will govern all improvements made within the City that require stormwater facilities or changes or alterations to existing stormwater facilities.
   (e)   "Code" means the Newark Municipal Code.
   (f)   "Combined sewer" is a sewer system that designed to convey sanitary sewage, industrial waste and stormwater.
   (g)   "Condominium property" is defined as a lot or parcel of real estate on which is situated a building containing three or greater individually-owned single-family dwelling units.
   (h)   "Detention" is described as the temporary storage of stormwater runoff in a basin, pond, or other structure to control the peak discharge rate by holding the stormwater for a lengthened period of time.
   (i)   "Detention facility" means an area designed to store excess stormwater.
   (j)   "Developed agricultural property" is defined as a lot or parcel of real estate which may contain one or greater dwelling units and/or other building structures but does not include undeveloped properties.
   (k)   "Director" means the Director of Public Service, City of Newark, Ohio.
   (l)   "Dry bottom stormwater storage area," means a detention facility designed to be normally dry and contain water only when excess stormwater runoff occurs.
   (m)   "Equivalent residential unit (ERU)" is a value, equal to 2,600 square feet of measured impervious area and is equal to the average amount of impervious area of residential properties within the City.
   (n)   "Excess stormwater" means that portion of stormwater which exceeds the transportation capacity of storm sewers or natural drainage channels serving a specific watershed.
   (o)   "Facilities" means various stormwater and drainage works that may include inlets, pipes, pumping stations, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components.
   (p)   "Impervious area" means areas that have been paved and/or covered with buildings and materials, which include, but are not limited to, concrete, asphalt, rooftop and blacktop.
   (q)   "Infiltration" is defined as a complex process of allowing runoff to penetrate the ground surface and flow through the upper soil surface.
   (r)   "Nonresidential properties" are all properties not encompassed by the definition of residential and shall be defined as nonresidential. Nonresidential properties will include:
      (1)   Agricultural properties with CAUV designations;
      (2)   Apartment properties;
      (3)   Two-story or greater condominiums properties;
      (4)   Mobile home parks with rented spaces (parcel not owned);
      (5)   Commercial property;
      (6)   Industrial property;
      (7)   Institutional property;
      (8)   Governmental property;
      (9)   Churches;
      (10)   Schools;
      (11)   Federal, State and local properties; and
      (12)   Any other property not mentioned in this list or the list of residential properties below.
   (s)   "NPDES" means National Pollutant Discharge Elimination System.
   (t)   "NPDES permit" means a permit issued to the City pursuant to the 1972 Clean Water Act.
   (u)   "Peak discharge" or the "peak flow" is the maximum rate of flow of water passing a given point during or after a rainfall event.
   (v)   "Private stormwater facilities" are defined as various stormwater and drainage works not under the ownership of the City, County, State, and/or Federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, catch basins, curb and gutter, ditches, retention or detention basins, other structural components and equipment designed to transport, move or regulate stormwater.
   (w)   "Public stormwater facilities" are defined as various stormwater and drainage works under the ownership of the City, County, State, or Federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move or regulate stormwater.
   (x)   "Public stormwater open channel" means all open channels which convey, in part or in whole, stormwater, and are owned by the City, which have a permanent drainage easement granted to the City. This definition does not include roadside ditches.
   (y)   "Residential property" means all single-family, single-story condominium dwelling units, mobile home units with separate parcels and separate billing accounts, and two-family duplex properties within the City.
   (z)   "Retention" is defined as the holding of stormwater runoff in a constructed basin or pond or in a natural body of water without release except by means of evaporation, infiltration or emergency bypass.
   (aa)   "Retention facility" means a facility which provides storage of stormwater runoff and is designed to eliminate subsequent surface discharges.
   (bb)   "Square footage of impervious area" means, for the purpose of assigning an appropriate number of ERUs to a parcel of real property, the square footage of all impervious area, using the outside boundary dimensions of the impervious area to include the total enclosed square footage, without regard for topographic features of the enclosed surface.
   (cc)   "Storm sewer" means a sewer, piping or natural structure which carries stormwater, surface runoff, street wash waters, and drainage, but which excludes sanitary sewage and industrial wastes, other than unpolluted cooling water.
   (dd)   "Stormwater" means stormwater runoff, snowmelt runoff, and surface runoff and drainage.
   (ee)   "Stormwater service charge" is defined as a charge assessed to users and contributors of flow to the City's stormwater collection, impounding and transportation system.
   (ff)   "Stormwater system" means all man-made facilities, structures, and natural watercourses owned by the City, used for collection and conducting stormwater to, through and from drainage areas to the points of final outlet, including, but not limited to, any and all of the following: conduits and appurtenant features, canals, creeks, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, streets, curbs, gutters, dams, floodwalls, levees, and pumping stations.
   (gg)   "Wet bottom stormwater storage area," means a detention facility designed to be maintained as a pond or free water surface, and which has the capacity to contain excess stormwater runoff.
(Ord. 05-55. Passed 12-19-05.)