Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
1. "Commercial/Industrial" means any developed land whereon multiple family dwellings, commercial retail and office, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, public and private school buildings, churches, hospitals and convalescent centers have been constructed.
2. "Customers of stormwater utility" include all persons, properties, and entities served by and/or benefiting from the utility's acquisition, management, maintenance, extension and improvement of the public stormwater management systems and facilities.
3. "Developed land" means land that has been altered from its natural state by construction or installation of more then 500 square feet of impervious surface area as defined in this chapter.
4. "Duplex dwelling" means a building containing only two (2) dwelling units and designed for and occupied exclusively by not more than two (2) families with separate housekeeping and cooking facilities for each. In the application of stormwater management fees, duplex dwelling properties shall be treated as two (2) single family dwellings.
5. "Equivalent Residential Unit (ERU)" shall be used as the basis for determining stormwater management fees. Less than or equal to four thousand (4,000) square feet of impervious surface area shall be one ERU. Every additional increment of one (1) square foot to two thousand (2,000) square feet of impervious surface area shall be one half (0.5) ERU.
6. "Impervious surface area" means those areas which prevent or impede the infiltration of stormwater into the soil as it enters in natural conditions prior to development. Common impervious surface areas include, but are not limited to, rooftops, sidewalks, driveways, patios, parking lots, storage areas, compacted gravel surfaces and other surfaces which prevent or impede the natural infiltration of stormwater runoff which existed prior to development.
7. "Multiple family dwelling" means a residence designed for or occupied by three (3) or more families with separate housekeeping and cooking facilities for each. In the application of stormwater management fees, multiple family dwelling properties shall be treated as commercial/industrial.
8. "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 coliform 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.
9. Single-family dwelling" means a residence designed for or occupied by one family only entirely surrounded by yard on the same lot.
10. "Stormwater management fees" mean the periodic rate, fee or charge applicable to a parcel of developed land, which charge shall be reflective of the service provided by the City of Ankeny stormwater utility. Stormwater management fees are based on measurable parameters which influence the stormwater utility's cost of providing services and facilities, with the most important factor being the amount of impervious surface area on each parcel of developed property. The stormwater management fees shall be determined by ordinance of the City Council.
11. "Stormwater management systems and facilities" address 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 plant, structures and property used in the collection, retention, detention and treatment of stormwater or surface water drainage.
12. "Substantial completion" means the construction has been completed and the City of Ankeny has acknowledged that the construction has been completed in accordance with the approved plans and specification through the insurance of a temporary certificate of occupancy or permanent certificate of occupancy.
13. "Townhome dwelling" means a dwelling unit which is detached or attached horizontally, and not vertically, to one or more other dwelling units, wherein the land or lot beneath each dwelling may be individually owned in common by a townhome association. In the application of stormwater management fees, each townhome dwelling shall be treated as one (1) single family dwelling.
14. "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. Undeveloped land shall have less than 500 square feet of pavement, asphalt or compacted gravel surfaces or structures which create an impervious surface area.
The City of Ankeny stormwater utility consists of all rivers, streams, creeks, branches, lakes, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, dams, head walls and other structures, natural or man-made, within the corporate boundaries of the City which control and/or convey stormwater through which the City intentionally diverts surface waters from its public streets and properties. The City owns or has legal access for purposes of operation, maintenance and improvement to those segments of this system which (1) are located within public streets, rights-of-ways and easements; (2) are subject to easement or other permanent provision for adequate access for operation, maintenance and improvement of systems of facilities; or (3) are located on public lands to which the City has adequate access for operation, maintenance and improvement of systems or facilities. Operation, maintenance and improvement of stormwater systems and facilities which are located on private property or public property not owned by the City and for which there has been no public dedication of such systems and facilities shall be and remain the legal responsibility of the property owner, or its occupant.
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