§ 52.030  INTENT; DEFINITIONS.
   (A)   It is the intent of this subchapter to establish a fair, equitable and dependable source of funds to manage the storm water program in the city consistent with federal and state law and local ordinance.
   (B)   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined herein shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.
      BOARD. The Decatur Board of Public Works and Safety which controls the Department of Storm Water Management.
      BONDS. Revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
      CALENDAR YEAR. A 12-month period commencing on January 1 of any year.
      COSTS OF CONSTRUCTION. Costs reasonable incurred in connection with providing capital improvements to the system or any portion thereof, including, but not limited to, the costs of:
         (a)   Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefore;
         (b)   Physical construction, installation and testing, including the costs of labor, services, materials, supplies and construction services used in connection therewith;
         (c)   Architectural, engineering, legal and other professional services;
         (d)   Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction;
         (e)   Any taxes or other charges which become due during construction;
         (f)   Expenses incurred by the city or on its behalf with its approval in seeking to enforce any remedy against any contractor or bus-contractor in respect of any default under a contract relating to construction;
         (g)   Principal of and interest of any bonds; and
         (h)   Miscellaneous expenses incidental thereto.
      DEBT SERVICE. With any particular series of bonds, an amount equal to the sum of:
         (a)   All interest payable on such bonds during such calendar year; plus
         (b)   Any principal installments of such bonds during such calendar year.
      DEVELOPED PROPERTY. Real property other than undisturbed property and vacant improved property.
      DIRECTOR. A member of the City Board of Public Works and Safety.
      DWELLING UNIT. A singular unit or apartment providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
      EQUIVALENT RESIDENTIAL UNIT or ERU. The average impervious area of residential developed property per dwelling unit located within the city and as established by the Board.
      ERU RATE. A utility fee charged on each ERU as established by the Common Council of the City of Decatur.
      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, sidewalks, pavement, stone and gravel.
      MANAGER. The department head for the Department of Storm Water Management.
      NON-RESIDENTIAL DEVELOPED PROPERTY. Developed property that is not utilized for dwelling units within the city.
      OPERATING BUDGET. The annual operating budget adopted by the city for the succeeding fiscal year.
      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 Storm Water User Fee Fund, in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the city, all as calculated in accordance with sound accounting practice.
      STORM WATER MANAGEMENT SYSTEM or SYSTEM. The existing storm water management of the city and all improvements thereto which by this chapter are constituted as the property and responsibility of the city, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, 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 and quantity of discharge from such system.
      STORM WATER USER FEE. A fee authorized by ordinance(s) established to pay operations and maintenance, extension and replace- ment and debt service.
      STORM WATER USER FEE FUND. The special revenue fund created by this chapter to operate, maintain and improve the system and for such other purposes as stated in this chapter.
      UNDISTURBED PROPERTY. Real property, which has not been altered from its natural state by dredging, filling, removal of trees and vegetation or other activities, which have disturbed or altered the topography or soils on the property.
      USER FEE DISTRICT. The area or property within the corporate limits of the city.
      VACANT IMPROVED PROPERTY. Vacant property, which is or could reasonably be, served by any subdivision improvements that allow egress.
(Prior Code, § 53.20)  (Ord. 2012-1, passed 1-17-2012)