The following terms are defined as used in this chapter:
1. “Bonds” means revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
2. “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 the following:
A. Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor;
B. Physical construction, installation and testing including the costs of labor, services, materials, supplies and utility services used in connection therewith;
C. Architectural, engineering, legal and other professional services directly or indirectly related to said construction improvements or the plan and formulation thereof;
D. Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation;
E. Any taxes or other charges which become due during construction;
F. Expenses incurred by the City or on its behalf with its approval in seeking to enforce any remedy against any contractor or subcontractor in respect of any default under a contract relating to construction;
G. Principal and interest on any bonds; and
H. Miscellaneous expenses incidental thereto.
3. “Customers of the storm water utility” includes all persons, properties and/or entities directly or indirectly served by and/or benefiting from the utility’s acquisition, management, maintenance, extension and improvement of the public storm water management system and facilities. A customer shall generally be considered the same person, property and/or entity as currently being served by City water service, unless special conditions or agreements apply.
4. “Debt service” means the amount of money necessary annually to pay the interest on outstanding debt and pay the principal of maturing bonded debt.
5. “Developed land” means land that has been altered from its natural state by construction and/or installation of more than 500 square feet of impervious surface area as defined in this section.
6. “Equivalent service unit” (ESU) means the median average impervious coverage of a detached dwelling unit property in the City as determined by the City, and shall be used as the basis for determining storm water service charges. For the City of Adel, 3,000 square feet of impervious surface area shall be one equivalent unit.
7. “Exempt property” means public streets, platted private streets, public alleys, public sidewalks within the right-of-way, public trails, public and private cemeteries, and public parks.
8. “Impervious surface area” means those areas which prevent or impede the infiltration of storm water into the soil as it enters in natural conditions prior to development. Common impervious surface areas include (but are not limited to) sidewalks and driveways within a said property, rooftops, patios, parking lots, storage areas, compacted gravel surfaces and other surfaces which prevent or impede the natural infiltration of storm water runoff which existed prior to development.
9. “Operating budget” means the annual operating budget for the Storm Water Management Utility adopted by the City Council for the succeeding fiscal year.
10. “Pollutant” means anything that 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, so that the same may cause or contribute to pollution; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coli form bacteria and pathogens; dissolved and particulate metals; animal wastes; waste and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
11. “Revenues” means all rates, fees, assessments, rentals or other charges or other income received by the utility, in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practice.
12. “Service charge” means the periodic rate, fee or charge applicable to a parcel of land, which charge shall be reflective of the service provided by the City of Adel. Service charges are based on measurable parameters which influence the storm water utility’s cost of providing services and facilities, with the most important factor being the amount of impervious surface area on each property. The service charge shall be determined from time to time by resolution of the City Council.
13. “Storm water management systems and facilities” means the issue of drainage management (flooding) and environmental quality (pollution, erosion and sedimentation) of receiving rivers, streams, creeks, lakes and ponds through improvements, maintenance, regulation and funding of plants, structures and property used in the collection, retention, detention and treatment of storm water or surface water drainage.
14. “Storm water management utility or utility” means the enterprise fund utility created by this chapter to operate, maintain and improve the system and for such other purposes as stated in this chapter.
15. “Undeveloped land” means land in its unaltered natural state or which has been modified to such minimal degree as to have a hydrologic response comparable to land in an unaltered state shall be deemed undeveloped. “Undeveloped land” shall have less than 500 square feet of pavement, asphalt or compacted gravel surfaces or structures which create an impervious surface area that would prevent infiltration of storm water or cause storm water to collect, concentrate or flow in a manner materially different than that which would occur when the land was in an unaltered natural state.