§ 55.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the singular shall include the plural, and the plural shall include 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 in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.
   BASE RATE. The storm water user’s fee for residential property within the city.
   CONSTRUCTION. The erection, building, acquisition, alteration, reconstruction, improvement, or extension of storm water facilities; preliminary planning to determine the economic and engineering feasibility of storm water facilities; the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of storm water facilities; and the inspection and supervision of the construction of storm water facilities.
   DEVELOPED PROPERTY. Real property which has been altered from its natural state by the creation or addition of impervious areas, by the addition of any buildings, structures, pavement, or other improvements.
   EQUIVALENT RESIDENTIAL UNIT or ERU.  The average square footage of a residentially-zoned property determined pursuant to this chapter.
   EXEMPT PROPERTY.  All public rights-of- way, public streets, public alleys, public sidewalks and all land owned by the federal government, the State of Ohio, and political subdivisions of the State of Ohio.
   FEE or STORM WATER USER FEES. The charge established under this chapter and levied on owners or users of parcels to fund the costs of storm water management and of operating, maintaining, and improving the storm water system in the city. The storm water user fees are in addition to any other fee that the city has the right to charge under any other rule or regulation of the city.
   IMPERVIOUS SURFACE. A surface which is compacted or covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, athletic courts, or any other surface which impedes the natural infiltration of surface water.
   IMPERVIOUS SURFACE AREA.  The number of square feet of horizontal surface covered by buildings and other impervious surface.
   OTHER DEVELOPED PROPERTY.  Property other than residential property. Such property shall include, but not be limited to, commercial properties, industrial properties, parking lots, hospitals, schools, recreational and cultural facilities, hotels, offices, and churches. Multi-family residences where the property owner of record receives all billing from the city electric utility are also included in this definition.
   PERSON.  Any and all persons, natural or artificial, including any individual, firm, or association, and any municipal or private corporation organized or existing under the laws of this or any other state.
   RESIDENTIAL PROPERTY.  A developed property which serves the primary purpose of providing a permanent dwelling unit to a single family. A separate unit within a multi-family building is included in this definition provided that the unit receives a residential electric service bill from the city electric utility.
   STORM WATER. Storm water runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration, and drainage.
   STORM WATER FUND or FUND.  The fund created by this chapter to operate, maintain, and improve the city’s storm water system.
   STORM WATER MANAGEMENT.  The planning, design, construction, regulation, improvement, repair, maintenance, and operation of facilities and programs relating to water, flood plains, flood control, grading, erosion, tree conservation, and sediment control.
   SURFACE WATER. Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes, and reservoirs.
   USER.  The account holder of record with the city electric utility subject to the storm water user fees imposed by this chapter.
(Ord. 05-088, passed 8-16-05)