§ 53.01 DEFINITIONS.
   For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “ABATEMENT.” Any action taken to remedy, correct, or eliminate a condition within, associated with, or impacting a storm water drainage system.
   “AGRICULTURAL PROPERTY.” A parcel of land or lot having an area in excess of five acres and upon which crops have been grown for harvest within the past 12 months.
   “APARTMENT/CONDOMINIUM PROPERTY.” A lot or parcel of land on which is situated a building containing four or more single-family dwelling units, or on which two or more buildings each containing multiple single-family dwelling units are situated.
   “APPROVED PLANS.” Plans approved by the Department of Stormwater Management according to a permits and plan review which will govern all improvements made within the town that require stormwater facilities or changes or alterations to existing storm water facilities.
   “BEST MANAGEMENT PRACTICES (BMP).” Structural and/or non- structural controls that temporarily store storm water runoff to reduce flooding and provide other benefits.
   “BOARD.” Board of Directors of the Department of Stormwater Management established under §§ 34.115 through 34.125.
   “CODE.” Cedar Lake Town Code.
   “COUNTY REGULATED DRAIN.” Part of the stormwater conveyance system under the jurisdiction of the Lake County Drainage Board, including certain ditches, tiles, and sewers.
   “DESIGN STORM.” A rainfall event of specified size and return frequency that is used to calculate the runoff volume and peak discharge rate of a BMP.
   “DENTENTION.” The temporary storage of stormwater runoff in a basin, pond or other structure to control the peak discharge rates by holding the storm water for a period of time and which provides some gravity settling of particulates.
   “DIRECT DISCHARGE.” Stormwater runoff from a lot or parcel of real property contiguous to Cedar Lake, Cedar Creek, Founder’s Creek/Hog Pen Ditch or West Creek, or any laterals to drains that are regulated by the Lake County Drainage Board and enters either such ditch or lateral without crossing other properties or entering the public stormwater facilities or stormwater system.
   “DIRECTOR.” A person appointed by the Town Council to undertake the tasks and responsibilities set forth by this chapter, who shall serve at the discretion of the Town Council.
   “DRAIN.” Any sewer, tile, ditch, stream or other stormwater conveyance channel or conduit.
   “DSM.” Cedar Lake Department of Stormwater Management.
   “EQUIVALENT IMPERVIOUS AREA.” The square foot sum of all land cover types multiplied by the corresponding runoff coefficient for each land cover type, as identified as follows:
 
Land Cover
Runoff Coefficient
Asphalt and concrete drives, walks, and parking
0.90
Rooftops
0.90
Grass, lawns, parks, golf courses, cemeteries
0.15
Unimproved land, woods, agricultural
0.20
Gravel drives and parking
0.55
Ponds and lakes
0.90
 
   “EQUIVALENT RESIDENTIAL UNIT (ERU).” A unit value equal to the average amount of equivalent impervious area of a residential property within the Town and established at 2,903 square feet. It is also the basis for calculating the proper assessment of stormwater charges to all users of the stormwater system.
   “EXEMPT DRAIN.” Cedar Creek or West Creek, or any laterals to either Cedar Creek or West Creek that are regulated by the Lake County Drainage Board.
   “IMPERVIOUS AREA.” Real property that has been paved and/or covered with buildings and materials which include, but are not limited to, concrete, asphalt, rooftop, blacktop, and compacted gravel, such that the natural infiltration of water into the soil is prevented.
   “INFILTRATION.” A complex process of allowing storm water runoff to penetrate the ground surface and flow through the upper soil surface.
   “LOT/PARCEL.” A part or portion of land having a legal description that is formally set forth in a conveyance instrument.
   “NON-RESIDENTIAL PROPERTY.” All properties not encompassed within the definition of residential property shall be defined as non- residential property. NON-RESIDENTIAL PROPERTY shall include, but not necessarily be limited to:
      (1)   Agricultural property;
      (2)   Apartment and condominium property;
      (3)   Mobile home parks;
      (4)   Commercial property;
      (5)   Industrial property;
      (6)   Institutional property;
      (7)   Governmental property;
      (8)   Churches;
      (9)   Schools;
      (10)   Federal, state and local government owned property; and
      (11)   Any other property not mentioned herein and not specifically defined as either residential property or vacant residential property.
   “NPDES.” National Pollutant Discharge Elimination System. Regulations for stormwater discharges as described in The Federal Register, 40 CFR Parts 122, 123 and 124, as amended.
   “NPDES PERMIT.” Permit required to be obtained by the town pursuant to Section 402 of the Clean Water Act, as amended.
   “PEAK DISCHARGE.” The maximum rate of flow of water passing a given point during or after a rainfall event.
   “PERVIOUS AREA.” Real property that has a runoff coefficient of less than 0.90.
   “PRIVATE STORMWATER FACILITIES.” Various stormwater and drainage works not under the control or ownership of the town, county, state and/or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move, hold or regulate stormwater.
   “PUBLIC STORMWATER FACILITIES.” The various stormwater and drainage works under the control and/or ownership of the town, county state or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move, hold or regulate stormwater.
   “RESIDENTIAL PROPERTY.” For the purpose of this chapter, the term refers to a lot or parcel of real property on which a building or mobile home is situated, which building contains a group of rooms forming a single inhabitable dwelling unit with facilities that are used or are intended to be used primarily for living, sleeping, cooking and eating. This definition also includes a lot containing one individual building containing three or fewer separate or contiguous single-family dwelling units. Each and every residential property up to and including five acres in land area shall be assigned one ERU. A RESIDENTIAL PROPERTY having a land area in excess of five acres shall be assigned one ERU for the first five acres, and the remaining acres in excess of five acres shall be calculated according to its land cover type and size and additional ERUs shall be billed accordingly.
   “RETENTION.” The holding of stormwater runoff in a constructed basin or pond or in a natural body of water without release except by means of evaporation, infiltration or emergency bypass.
   “RETROFIT.” To install or improve a private stormwater facility using BMP.
   “RUNOFF COEFFICIENT.” Ratio of peak flow from a drainage area (in cubic feet per second) and the product of rainfall intensity (in inches per hour) over a given land area (in acres). A measure of how much stormwater runoff is produced in response to the rainfall.
   “STORM SEWER.” A sewer designed or intended to convey only storm water, surface runoff, street wash waters, and drainage, and not intended for sanitary sewage and industrial wastes other than unpolluted cooling water. The portion of a sewer intended to carry storm water only, which begins at the grating or opening where water enters said sewer, through the sewer and any other conduits to the outlet structure where water enters a channel, natural watercourse or combined sewer.
   “STORMWATER.” The chemical compound of hydrogen and oxygen which is produced from atmospheric clouds as rain, snow, sleet, and hail.
   “STORMWATER UTILITY CUSTOMER/USER.” The owner of a lot or parcel of residential, non-residential, or vacant residential property.
   “STORMWATER UTILITY USER FEE.” A charge imposed on users of the town’s public stormwater facilities and stormwater system.
   “STORMWATER SYSTEM.” All constructed facilities, structures and natural watercourses under the ownership, and/or control of the town and/or the DSM, used for collecting and conducting stormwater to, through and from drainage areas to the point of final outlet, including, but not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, culverts, retention or detention basins and pumping stations; and excluding therefrom, any part of the system of drains and watercourses under the jurisdiction of the Lake County Drainage Board.
   “SUBDIVISION GROUP.” All of the parcels of land within a platted residential development.
   “VACANT RESIDENTIAL PROPERTY.” A lot or parcel of real property on which there does not exist a building or mobile home and which has a residential zoning classification. Vacant residential property located within the town, up to and including five acres in land area, shall be assigned one-half of one ERU. Any vacant residential property in excess of five acres shall be assigned one-half of one ERU for the first five acres, thereafter the remaining acres will be calculated based on the land cover type and additional ERUs will be billed accordingly.
(Ord. 1002, passed 6-5-07)