For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The Board of Directors for the Department of Stormwater Management in the City of Berne.
BONDS. Revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
CA RANGE. The factor used to determine the stormwater user fee to be assessed and charged to an individual property located in the user fee district. The CA factor represents the coefficient of the surface area multiplied by the area of the parcel.
CALENDAR YEAR. A 12-month period commencing on the first day of January of any year.
COSTS OF CONSTRUCTION. Costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including, but not limited to, the costs of:
(1) Acquisition of all property, real or personal, and all interests in connection therewith including all 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, legal and other professional services;
(4) Principal of and interest of any bonds, and
(5) Miscellaneous expenses incidental thereto.
DEBT SERVICE. With any particular series of bonds, an amount equal to the sum of:
(1) All interest payable on such bonds during such calendar year, plus
(2) Any principal installments of such bonds during such calendar year.
EXEMPT PROPERTY. Public rights-of-way, public streets, public alleys and public sidewalks.
EXTENSION AND REPLACEMENT. Costs of extensions, additions and capital improvements to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for, the system, or land acquisitions for the system and any related costs thereto, or paying extraordinary maintenance and repair, including the costs of construction, or any other expenses which are not costs of operation and maintenance or debt service.
IMPERVIOUS AREA. The number of square feet of hard surfaced areas which either prevent or retard the entry of water into soil mantle, as it entered under natural conditions as undisturbed property, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undisturbed property, including, but not limited to, roofs, roof extensions, patios, porches, driveway, parking lots, sidewalks, pavement, stone and gravel.
IMPROVED PARCEL. A separately described parcel or platted lot of real estate that has any building, house, rooftop, concrete, driveway, parking lot or other impervious area located upon it by man- made improvement.
MANAGER. The department head for the Department of Stormwater Management.
OPERATIONS AND MAINTENANCE. The current expenses, paid or accrued, of operation, maintenance and current repair of the system, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, and cost of materials and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice.
REVENUES. All rates, fees, assessments, rentals or other charges or other income received by the Stormwater User Fee Fund, in connection with the management and operation of the system, including amounts received from the investment or deposit of monies in any fund or account and any amounts contributed by the city, all as calculated in accordance with sound accounting practice.
STORMWATER MANAGEMENT SYSTEM or SYSTEM. The existing or constructed facilities, pipes, storm drains, basins, and all other improvements which are to be operated to collect, retain and dispose of stormwater within the City of Berne.
STORMWATER USER FEE. A fee authorized by ordinance(s) established to pay construction costs, operations and maintenance, extension and replacement and debt service.
STORMWATER USER FEE FUND. The special revenue fund created by this subchapter to operate, maintain and improve the system and for such other purposes as stated in this subchapter.
UNIMPROVED PARCEL. A separately described parcel or platted lot of real estate that is undisturbed and does not have any man made improvements or impervious area located upon it.
USER FEE DISTRICT. The area or property within the corporate limits of the city.
(Ord. 562, passed 7-24-06)