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For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:
CUSTOMERS OF THE STORMWATER UTILITY: Shall include all persons, properties, and entities serviced by and/or benefiting the utility's acquisition, management, maintenance, extension, and improvement of the public stormwater management systems and facilities, and regulation of public and private stormwater systems, facilities, and activities related thereto, and person, properties and entities which will ultimately be served or benefited as a result of the stormwater management program. See also definitions of Occupant or User.
DETACHED DWELLING UNIT: Developed land containing one structure which is not attached to another dwelling and which contains one or more bedrooms, with a bathroom and kitchen facilities, designed for occupancy by one family. Detached dwelling units may include houses, manufactured homes, and mobile homes located on one or more individual lots or parcels of land. Developed land may be classified as a detached dwelling unit despite the presence of incidental structures associated with residential uses such as garages, carports, or small storage buildings, or the presence of a commercial use within the dwelling unit so long as such use does not result in additional impervious areas, such as parking spaces, playgrounds, or structures or additions to the building which are used as offices, storage facilities, meeting rooms, classrooms, houses of worship, or similar nonresidential uses. Detached dwelling unit shall not include developed land containing: structures used primarily for nonresidential purposes, manufactured homes, and mobile homes located within manufactured home or mobile home parks where the land is owned by others than the owners of the manufactured homes or mobile homes, or multiple dwelling unit residential properties.
DEVELOPED LAND: Property altered from its natural state by the construction or installation of more than two hundred (200) square feet of "impervious surface" as defined herein.
DUPLEXES AND TRIPLEXES: Developed land containing two (2) (duplex) or three (3) (triplex) attached residential dwelling units located on one or more parcels of land. At a minimum, each dwelling unit shall be charged at least one ERU.
EQUIVALENT RESIDENTIAL UNIT (ERU) OF IMPERVIOUS AREA: The median average impervious coverage of detached dwelling unit properties in the city of Bettendorf as determined by the city, and shall be used as the basis for determining stormwater service charges to detached dwelling unit properties or classes of detached dwelling unit properties and other properties. Two thousand five hundred (2,500) square feet of impervious area shall be one equivalent unit.
HYDROLOGIC RESPONSE: The hydrologic response of a property is the manner and means whereby stormwater collects, remains, infiltrates, and is conveyed from a property. It is dependent on several factors including, but not limited to, the presence of impervious area, the size, shape, topographic, vegetative, and geologic conditions of a property, antecedent moisture conditions, and groundwater conditions on a property.
IMPERVIOUS SURFACE: Those areas which prevent or impede the infiltration of stormwater into the soil as it enters natural conditions prior to development. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel and soil surfaces, awnings and other fabric or plastic coverings, and other surfaces which prevent or impede the natural infiltration of stormwater runoff which existed prior to development.
MULTIPLE DWELLING UNIT RESIDENTIAL PROPERTIES: Developed land whereon four (4) or more attached residential dwelling units are located and shall include, but not be limited to, apartment houses, condominiums, town homes, attached single- family homes, boarding houses, group homes, hotels and motels, retirement centers, and other structures in which four (4) or more family groups commonly and normally reside or could reside. In the application of stormwater service charge rates, multiple dwelling unit properties shall be treated as other developed lands. At a minimum, each multiple dwelling unit shall be charged at least one ERU.
OCCUPANT: The person residing or doing business on the property. In a family or household situation, the person responsible for the obligation imposed shall be the adult head of the household. In a shared dwelling or office situation, the adult legally responsible for the management or condition of the property shall be responsible.
OTHER DEVELOPED LAND: Shall mean, but shall not be limited to, multiple dwelling unit residential properties, manufactured home and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools, research stations, hospitals and convalescent centers and agricultural uses covered by impervious surfaces.
OWNER: The legal owner(s) of record as shown on the tax rolls of Scott County except where there is a recorded land sale contract, the purchaser thereunder shall be deemed the owner.
SERVICE CHARGES: 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 Bettendorf stormwater utility. Service charges 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 area on each parcel of developed land. The use of impervious areas as a service charge rate parameter shall not preclude the use of other parameters, or the grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat rate charges for one or more classes of similarly situated properties whose impact on the stormwater utility's cost of providing stormwater management services and facilities is relatively consistent. Stormwater service charges may also include special charges to the owners of particular properties for services or facilities uniquely related to stormwater management of that property, including, but not limited to, charges for development plan review, inspection of development projects and on site stormwater control systems, and enhanced levels of stormwater services above those normally provided by the city.
STORMWATER MANAGEMENT SYSTEMS: Stormwater management systems address the issues of drainage management (flooding) and environmental quality (pollution, erosion, and sedimentation) of receiving rivers, streams, creeks, lakes, ponds, and reservoirs through improvements, maintenance, regulation and funding of plants, works, instrumentalities and properties used or useful in the collection, retention, detention, and treatment of stormwater or surface water drainage.
UNDEVELOPED LAND: 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 natural state shall be deemed undeveloped. Undeveloped land shall have minimal concrete pavement, asphalt, or compacted gravel surfaces or structures which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate, or flow in a manner materially different from that which would occur if the land was in an unaltered natural state. For purposes of this chapter, undeveloped land includes property altered from its natural state by the creation or installation of less than two hundred (200) square feet of impervious surface.
USER: Any person who uses property which maintains connection to, discharges to, or otherwise receives services from the city for stormwater management. The occupant of any habitable property is deemed the user. If the property is not occupied, then the owner shall be deemed the user. (2008 Code § 31-152)