(a) The amount of impervious surface area on a given Zoned Lot or Tract shall be the determining factor in calculating the distribution of the cost of services associated with the planning, programming, performance, construction and maintenance of all Surface Water Facilities and/or Improvements within the Special Service Area and the extent of a Zoned Lot or Tract owner's obligation to pay for a portion of the same through the Special Service Charge because it (i) directly relates to the volume, rate and pollutant loading of Surface Water runoff discharged from that Zoned Lot or Tract to the County's Surface Water Drainage Systems and (ii) is voluntarily controllable by owners of Zoned Lots or Tracts in the development of the same and therefore provides an equitable and adequate system for determining estimated usage of Surface Water Facilities and/or Improvements.
(b) An impervious surface area of 3,000 square feet shall be designated as one (1) Equivalent Rate Unit (ERU) in order to maintain consistency with the prevailing unit adopted by communities within the County of Summit and northeast Ohio region for local surface water management.
(c) Each owner of a Zoned Lot or Tract of Developed Land within the Special Service Area shall pay a Special Service Charge that is calculated by multiplying the Special Surface Water Management Service Charge set forth in Section 942.14 times the number of ERUs that have been charged against that Zoned Lot or Tract.
(d) The County Engineer shall calculate the number of ERUs to be charged against each Zoned Lot or Tract of Developed Land within the Special Service Area based on the amount of Impervious Surface Area on that Zoned Lot or Tract prior to the billing and collection of any Special Service Charge as set forth in Sections 942.14 and 942.15, provided, however, that all Conventionally Developed Residential Property or Agricultural Property shall be charged the equivalent of one (1) ERU per Zoned Lot or Tract.
(f) With respect to a Zoned Lot or Tract of Developed Land other than Conventionally Developed Residential Property or Agricultural Property, if, due to construction, demolition, destruction and removal, or some other cause, a substantial change in impervious surface occurs on the Zoned Lot or Tract, an owner may notify the County Engineer of such change and request that the County Engineer recalculate the number of ERUs to be charged. The County Engineer shall notify the owner, in writing, of any change to the calculation of ERU s. Any owner that receives a notice of the calculation of ERUs by the County Engineer under this paragraph may appeal the calculation in the manner and method set forth in Section 942.09 of these Codified Ordinances.
(g) Notwithstanding Section 942.09(e), with respect to Conventionally Developed Residential Property, if, due to demolition, destruction, or some other cause, the Dwelling Units and appurtenant structures are removed such that the Zoned Lot or Tract no longer qualifies as Conventionally Developed Residential Property and instead qualifies as Undeveloped Land, an owner may notify the County Engineer of such change and request that the County Engineer recalculate the number of ERUs to be charged. The County Engineer shall notify the owner, in writing of any change to the calculation of ERUs. Any owner that receives a notice of the calculation of ERUs by the County Engineer under this paragraph may appeal the calculation in the manner and method set forth in Section 942.09 of these Codified Ordinances.
(Ord. 2022-191. Adopted 6-27-22.)