For the purposes of this Chapter, the following definitions shall apply:
(a) Billing Period. The stormwater management utility service period identified on the utility bill. Each account shall be billed monthly or semi-annually in arrears of the stormwater management utility service period. A developed lot, parcel or use that receives City water, sewer or other utility service shall be billed monthly in arrears of the stormwater management utility service. A developed lot, parcel or use that does not receive water, sewer or other utility service may be billed monthly or semi-annually in arrears of the stormwater management utility service.
(b) Bonds. Revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction for any part of the stormwater management system.
(c) Calendar Year. The twelve-month period commencing on the first day of January of any year.
(d) Construction Costs. Costs reasonably incurred in connection with providing capital improvements to the stormwater management system, or any portion thereof, including, but not limited to:
(1) Acquisition of all property, real or personal, and any interests in connection therewith, including rights-of-way and easements therefor;
(2) Physical construction, installation and testing, including the costs of labor, services, materials, supplies and construction services used in connection therewith;
(3) Architectural, engineering, inspection, legal and other professional services;
(4) Insurance premiums taken out and maintained during construction, to the extent the same are not paid for by the construction contractor;
(5) Any costs incurred in the bidding or letting of a contract for construction, installation, maintenance, repair or improvement of the system or any portion thereof;
(6) Expenses incurred by the City, or on its behalf or with its approval, in seeking to enforce any remedy against any contractor;
(7) Principal and interest on any bonds issued to finance construction, installation, maintenance, repair or improvement of the system or any portion thereof; and/or
(8) Miscellaneous expenses incidental thereto.
(e) Debt Service. 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.
(f) Developed Lot, Parcel, or Use. Any lot, parcel, or use other than an undeveloped lot or parcel.
(g) Equivalent Residential Unit (ERU). The statistical average horizontal impervious area of all residentially-developed lots and parcels, per residential unit, located within the City, as established by City Council.
(h) ERU Rate. A stormwater user fee charged on each ERU, as established by City Council.
(i) Exempt Property.
(1) Rights-of-way, streets, alleys, parking facilities, parks, sidewalks, facilities, or any other property owned by the City.
(2) Land that is used solely for agricultural purposes that does not contain any structures and/or impervious surfaces.
(3) Exempt property may also include, upon a determination by City Council, by resolution, any federal, state, county, or municipal government owned property where stormwater runoff on the property is otherwise controlled through a self-contained system that does not contribute to the City's stormwater management system.
(j) Extension and Replacement. The costs of extensions, additions and capital improvements to, or the removal and replacement of capital assets of, or purchasing and installing new equipment for, the stormwater management system, including land acquisitions for the system and any costs related thereto, paying for extraordinary maintenance and repair including the costs of construction, or any other expenses which are not the cost of operation and maintenance or debt service.
(k) Impervious Area. The number of square feet of hard-surfaced areas that either prevent or retard the entry of water into the soil mantle as it is entered under natural conditions on undisturbed lots or parcels, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions on undisturbed lots or parcels including, but not limited to, roofs, roof extensions, patios, porches, driveways, sidewalks, pavement and athletic courts. Gravel surfaces shall not be included as a part of the impervious area calculation for nonresidential lots or parcels.
(l) Nonresidential Lot, Parcel, or Use. A developed lot, parcel, or use that is not utilized or intended for residential units including commercial, industrial, institutional, or governmental, and/or multi-family residential (i.e., three-family or greater). Nonresidential Lot, Parcel, or Use includes vacant improved nonresidential lots, parcels, or uses. Residential condominium developments shall also be considered nonresidential.
(m) Operations and Maintenance. The current expenses, paid or accrued, of operation, maintenance and current repair of the stormwater management system, as calculated in accordance with sound accounting practices, including, but not limited to, insurance premiums; administrative expenses; labor; executive compensation; costs of materials, supplies and labor used for current operations; costs associated with educational programs and materials; costs associated with regulation of, inspection of and enforcement of regulations related to the system; and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which may reasonably be expected to be incurred in accordance with sound accounting practices.
(n) Residential Unit. A single-family detached home or two-family duplex used for, or intended for use as, residential living. Residential Unit does not include a structure that includes more than two (2) independent dwelling units or dwelling units for more than two (2) families.
(o) Residential Lot, Parcel, or Use. A developed lot, parcel or use that utilized or intended for residential units. Residential Lot, Parcel, or Use includes vacant improved residential lots, parcels, or uses.
(p) Revenues. All rates, fees, assessments, rentals or other charges or income received by the Stormwater Fund in connection with the management and operation of the stormwater management 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 practices.
(q) Stormwater User Fee. A fee to fund and support the administration, operation, maintenance, design, construction, repair, extension, improvement, replacement, regulation, inspection and regulation of the system, and education and enforcement regarding the use of the system, and any costs associated therewith or incidental thereto.
(r) Stormwater Management Utility or Stormwater Management System ("System"). The City's existing stormwater management system/stormwater sewer system and its facilities, and all improvements thereto, which conserves water; controls discharges necessitated by rainfall events; incorporates methods to collect, convey, store, absorb, inhibit, treat, use, or reuse stormwater to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise that may affect the quality and quantity of discharge from such system.
(s) Undeveloped Lot or Parcel. A lot or parcel that has not been altered from its natural state by dredging, filling, removal of trees and vegetation, or other activities that have disturbed or altered the topography or soils on the lot or parcel. The determination of whether a lot or parcel is undeveloped shall be made by the City, in its sole discretion, and may be based upon the land use code assigned to the lot or parcel by the Greene County Auditor.
(t) Use. Use means a residential or nonresidential use that sits upon multiple contiguous lots or parcels.
(u) User Fee District. The area and all lots and parcels that lie within the corporate limits of the City of Xenia.
(v) Vacant Improved Lot, Parcel, or Use. An unoccupied, developed lot, parcel, or use that contains impervious area.
(Ord. 04-39; Adopted 09/23/04; Ord. 2023-38. Adopted 12/28/23; Em. Ord. 2024-01. Adopted 02/08/24; Ord. 2024-02. Adopted 02/22/24)