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) “Best Management Practices (BMPs)” are schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(b) “Billing period” means the period identified from the first day of the month to the last day of the month. All bills rendered during the month are for a period beginning on the first day of the previous month and are valid for that entire month unless otherwise identified. When a billed City service is discontinued during a month, the stormwater user fee due for that account shall be the pro rata portion of the month for which water and/or sewer services were active. When a developed property that does not receive City water and/or sewer service charges changes ownership during a billing period, the account existing on the first day of the billing period shall be liable for the pro rata portion of the stormwater user fee for that billing period from the first day of the billing period until the day the property transaction is recorded with the Portage County Recorder.
(c) “Bonds” means revenue bonds, notes, loans or any other debt obligations issued or incurred to finance costs of construction.
(d) “Calendar year” means the twelve-month period commencing on the first day of January of any year.
(e) “Certified contractor” shall be a person who has received training and is licensed by the State to inspect and maintain erosion and sediment control practices.
(f) “Clearing” means any activity that removes the vegetative surface cover.
(g) “Correction factor” means a factor whereby established rates may be reduced for a property, other than a conventionally developed one or two family dwelling unit, where approved runoff control measures have been implemented.
(h) “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 acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor, physical construction, installation and testing, including the costs of labor, services, materials, supplies and construction services used in connection therewith, architectural, engineering, legal and other professional services, insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation, any taxes or other charges which become due during construction, 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, principal of and interest of any bonds, and miscellaneous expenses incidental thereto.
(i) “Debt service” means, with respect to any particular calendar year and any particular series of bonds, an 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.
(j) “Developed property” means real property other than undisturbed property, public rights-of-way, public streets, public alleys and public sidewalks
(k) “Drainage way” means any channel that conveys surface runoff throughout the site.
(l) “Dwelling unit” means a one or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including a room or rooms for living, sleeping and eating.
(m) “Equivalent Runoff Unit” or “ERU” means the average impervious area of detached single family developed property per dwelling unit located within the City as established by City Council.
(n) “ERU rate” means a Stormwater user fee charged on each ERU as established by City Council.
(o) “Erosion Control Plan” means a measure that controls erosion indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
(p) “Exempt property” means undisturbed property.
(q) “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 and repair, including the cost of construction, or any other expenses which are not costs of operation and maintenance or debt service.
(r) “Grading” means excavation or fill of material, including the resulting conditions thereof.
(s) “Hazardous material” is any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(t) “Illicit connections” An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
(u) “Illicit discharge” are any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 1052.09 of this chapter.
(v) “Impervious area” means the number of square feet of hard surfaced areas which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions as undisturbed property, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that under natural conditions as undisturbed property, including, but not limited to, roofs, roof extensions, patios, porches, driveway, sidewalks, pavement and athletic courts.
(Ord. 2001-088. Passed 8-7-01.)
(Ord. 2001-088. Passed 8-7-01.)
(w) “Lot impervious area” means the quantity of impervious area within a residential single family detached development and will be subdivided as follows:
1 ERU = 2,750 square feet
All detached single family developed property will be billed at one ERU.
(Ord. 2007-011. Passed 3-5-07.)
(x) “Municipal Separate Storm Sewer System (MS4)” means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the City and designs or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage.
(y) “Nonresidential developed property” means developed property that is not utilized for dwelling units within the City.
(z) “Operating budget” means the annual operating budget adopted by the City for the succeeding calendar year.
(aa) “Operations and maintenance” means the current expenses, paid and 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 the current expenses not annually incurred, but which are such as may be expected to be incurred in accordance with sound accounting practice.
(bb) “Perimeter control” means a barrier that controls sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
(cc) “Permit” means improvements and structures for the control of erosion, runoff, and grading.
(dd) “Phasing” means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
(ee) “Pollutant” is anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution, floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
(ff) “Revenues” mean all rates, fees, assessments, rentals or other charges or other income received by the Stormwater User Fee Fund, in connection with the management and operation of the system, including amounts received from the investment of deposit of moneys in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practice.
(gg) “Sediment control” means the measures that control eroded sediment from leaving the site.
(hh) “Site” means a parcel of land or a contiguous combination thereof, where grading or fill work is performed.
(ii) “Site development” means a permit is issued by the municipality for the construction or alteration of ground
(jj) “Stabilization” means the use of practices that control exposed soil from eroding.
(kk) “Start of construction” means the first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
(ll) “Stormwater Fund” means the enterprise fund created by this chapter to operate, maintain and improve the system and for such other purposes as stated in this chapter.
(mm) “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 prevent or reduce flooding, over- drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.
(nn) “Stormwater user fee” means a fee authorized by ordinance(s) established to pay operations and maintenance, extension and replacement and debt service.
(oo) ‘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 said property.
(pp) “User Fee District” means the area or property within the corporate limits of the City.
(qq) “Vacant improved property” means unoccupied developed property which contains impervious area.
(rr) “Watercourse” means any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City.
(ss) “Waterway” means a channel that directs surface runoff to a watercourse or to the public storm drain.
(Ord. 2001-088. Passed 8-7-01.)