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(A) Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster's Dictionary.
(B) For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
BASE RATE. The storm water user’s fee for a detached single family residential property in the town.
CONSTRUCTION. The erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facilities; preliminary planning to determine the economic and engineering feasibility of storm water facilities; the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of storm water facilities; and the inspection and supervision of the construction of storm water facilities.
DEVELOPED PROPERTY. Real property which has been altered from its natural state by the creation or addition of impervious areas, by the addition of any buildings, structures, pavement or other improvements.
EQUIVALENT RESIDENTIAL UNIT or ERU. The average square footage of a detached single family residential property determined pursuant to this subchapter.
EXEMPT PROPERTY. All property that does not discharge storm water runoff into the storm water or flood control facilities of the municipality.
FEE or STORM WATER USER'S FEE. The charge established under this subchapter and levied on owners or users of parcels or pieces or real property to fund the costs of storm water management and of operating, maintaining, and improving the storm water system in the municipality. The storm water user’s fee is in addition to any other fee that the municipality has the right to charge under any other rule or regulation of the municipality.
FISCAL YEAR. January 1 of a calendar year to December 31 of the same calendar year, both inclusive.
IMPERVIOUS SURFACE. A surface which is compacted or covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, and any other oiled, graveled, graded, compacted, or any other surface which impedes the natural infiltration of surface water.
IMPERVIOUS SURFACE AREA. The number of square feet of horizontal surface covered by buildings, and other impervious surfaces. All building, measurements shall be made between exterior faces of walls, foundations, columns or other means of support or enclosure.
OTHER DEVELOPED PROPERTY. Developed property other than single-family residential property. The property shall include, but not be limited to commercial properties, industrial properties, parking lots, hospitals, schools, recreational and cultural facilities, hotels, offices, and churches.
PERSON. Any and all persons, natural or artificial, including any individual, firm or association, and any municipal or private corporation organized or existing under the laws of this or any other state or country.
PROPERTY OWNER. The property owner of record as listed in the county's assessment roll. A property owner includes any individual, corporation, firm, partnership, or group of individuals acting as a unit, and any trustee, receiver, or personal representatives.
SINGLE-FAMILY RESIDENTIAL PROPERTY. A developed property which services the primary purpose of providing a permanent dwelling unit to a single family. A single family detached dwelling or a townhouse containing an accessory apartment or second dwelling unit is included in this definition.
STORM WATER. Storm water runoff, snow melt runoff, street wash waters related to street cleaning or maintenance, infiltration, and drainage.
STORM WATER MANAGEMENT. The planning, design, construction, regulation, improvement, repair, maintenance, and operation of facilities and programs relating to water, floodplains, flood control, grading, erosion, tree conservation, and sediment control.
STORM WATER MANAGEMENT FUND or FUND. The fund created by this subchapter to operate, maintain, and improve the town's storm water system.
SURFACE WATER. Water upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs.
TOWN. The Town of Chandler and all property located within the corporate limits thereof together with the other property located in areas over which the Department of Storm Water Management may exercise jurisdiction under applicable law and regulation including, but not limited to 327 I.A.C. 15-13 and I.C. 8-1.5-5.
USER. The owner of record of property subject to the storm water user’s fee imposed by this subchapter.
(Ord. 2004-4, passed 3-1-2004; Am. Ord. 2004-7, passed 9-20-2004; Am. Ord. 2008-10, passed 11-17-2008)