When a word, term or phrase is used in this chapter, it shall be interpreted or construed first as defined in this chapter; second, if not defined in this chapter, it shall be interpreted or construed as defined in applicable provisions of the Code of Iowa; third, if not defined in the Code of Iowa, it shall be interpreted or construed according to its generally accepted meaning in the storm water industry; and fourth, if it has no generally accepted meaning in the storm water industry, it shall be interpreted or construed according to its common or customary usage.
1. “Agricultural property” means unimproved property used for agricultural purposes.
2. “Area” means the total area of a parcel as determined from sources of information as the City may determine to be appropriate and accurate.
3. “Church” means a building which has religious worship as its main purpose.
4. “Condominium” means a single unit in a multi-unit dwelling or structure that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
5. “Connection” means the physical act or process of directly or indirectly allowing the flow of storm or surface waters to the storm sewer, drainage line, or drainage facility, or joining into an existing sewer for the purpose of connecting private surface or other storm and surface water sources or drainage systems to the public storm sewer or surface water drainage system. A connection shall include the creation or maintenance of an impervious or pervious surface that causes or is likely to cause an increase in the quantity or decrease in the quality, or both, from the natural state of storm water runoff and which drains either directly or indirectly to the storm sewer system or surface water drainage system of the City.
6. “Contributor” means any person, firm, corporation, or other entity or organization responsible for the direct or indirect discharge of storm water or surface or subsurface waters to the City’
7. “Days” means calendar days.
8. “Duplex residential property” means two dwelling units joined to each other with a common wall or one above the other, on one or two parcels whether under common or separate ownership.
9. “Dwelling unit” means one or more habitable rooms which are intended or designed for human occupancy and designed for one family with facilities for living, sleeping, cooking and eating.
10. “Equivalent Service Unit” or “ESU” means a measurement unit based on a numerical factor times the impervious and pervious surface areas of a typical single-family residential property within the City. One Equivalent Service Unit shall be deemed equal to a numerical value of 2500.
11. “ESU rate” means the dollar value assigned to each ESU as a monthly charge for storm water utility.
12. “Exempt property” means all property owned directly by the City, which property is exempt from the storm water utility charge.
13. “Impervious area” or “impervious surface area” means the surface area (in square feet) which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions as unimproved 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 unimproved property, including, but not limited to: roofs, roof extensions, patios, porches, driveways, sidewalks, pavement and athletic courts.
14. “Mobile home park” means property under common ownership upon which two or more occupied manufactured housing units are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park.
15. “Multi-family residential property” means Property containing a building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.
16. “Nonresidential property” means any property developed for commercial, industrial, governmental or institutional use, including office, manufacturing, warehousing, sales, restaurant, day care, nursery, churches, schools, utilities, public service buildings, hospitals, nursing homes, retirement homes, multi-use properties incorporating residential uses and other uses which are not considered exempt property.
17. “Occupant” means the person residing or doing business on the property.
18. “Owner” means the legal owner or legal owners of record as shown on the land records of Carroll County or where there is a recorded land sale contract the purchaser thereunder.
19. “Parcel” means a parcel of record as shown on the land records of Carroll County.
20. “Person” means any individual, public or private corporation, political subdivision, governmental agency, municipality, partnership, association, firm, trust, limited partnership, limited-liability corporation or any other legal entity whatsoever created.
21. “Pervious area” or “pervious surface area” means the area (in square feet) that allows the entry of water into the soil mantle as it entered under natural conditions as unimproved property and/or does not cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as unimproved property.
22. “Revenue” means all rates, fees, assessments, rentals and 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 on deposits of money in any fund or account and any amounts contributed by the City, all as calculated in accordance with sound accounting practices.
23. “School” means public or parochial educational facilities.
24. “Single-family residential property” means one or more parcels of land on which a single-family dwelling unit or duplex residential property not attached to another residential structure exists at any time during the applicable provisions of this chapter. A single-family residential property includes manufactured homes, modular homes, and similar dwelling units if located on separate parcels. Two separate detached dwelling units on a single parcel shall be considered a single-family residential property unless said parcel is classified by Carroll County as a duplex residential property.
25. “Storm water drainage system” means any combination of public storm or surface water facilities, pumping or lift stations, storm and secondary drain pipes and culverts, open channels, creeks and rivers, force mains, laterals, manholes, catch basins, inlets including the grates and covers thereof, detention and retention facilities and other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water within the City.
26. “Storm water utility” or “utility” means the enterprise fund utility hereby created to operate, maintain and improve the storm sewer and storm water drainage system and for such other purposes as stated in this chapter.
27. “Storm water utility system” or “system” means the existing storm water management facilities and flood protection system of the City and all improvements thereto which by this chapter are constituted as the property and responsibility of the storm water utility, to be operated as an enterprise fund to (among other things) conserve water; control discharges and flows necessitated by rainfall events; and incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage, environmental degradation and water pollution or otherwise affect the quality or quantity of discharge from such system.
28. “Townhouse” means a dwelling unit having one or more common walls designed so as to have direct access outside.
29. “Unimproved property” means any property which has not been improved for purposes of a residential or nonresidential use.
30. “User” means any person or entity which uses property that maintains a connection to, discharges to, or otherwise receives services from the City’s storm water drainage system.
The Superintendent shall have the following powers, duties and responsibilities:
1. Administer and enforce this chapter and all rules and procedures relating to the design, construction, maintenance, operation and alteration of the storm water utility system, including but not limited to the quantity, quality and/or velocity of the storm water conveyed thereby.
2. Administer the acquisition, design, construction, maintenance, and operation of the storm water utility system, including capital improvements.
3. Review plans, approve or deny, inspect and accept or reject extensions to the storm water drainage system.
4. Inspect private storm water drainage systems as necessary to determine the compliance of such systems with this chapter and any rules promulgated pursuant to this chapter.
5. Establish and enforce rules to protect and maintain water quality within the storm water utility system in compliance with water quality standards established by State, regional and/or Federal agencies as adopted or amended.
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