For the purposes of this chapter, the following definitions apply unless the context clearly requires a different meaning. Throughout, “shall” is mandatory and not discretionary, while “may” is permissive.
BOARD. The Municipal Works Board, composed of the three Directors appointed by the Town Council.
(I.C. 8-1.5-5-4)
BUSINESS. An act or means of providing goods or services for compensation.
COMBINED RESIDENTIAL/BUSINESS PROPERTY. A residential property in which business is conducted on the property. For additional clarification, see NONRESIDENTIAL PROPERTY and RESIDENTIAL PROPERTY.
COMPACTED GRAVEL. A gravel, crushed stone or rock surface which impedes or prevents the infiltration of stormwater into the soil. Such surfaces are subject to vehicular or equipment traffic or are used as a roadway, driveway, alley or parking surface.
DEPARTMENT. The town’s Department of Stormwater Management, created by the Town Council under I.C. 8-1.5-5-4.
DISTRICT. The special taxation district created by the Town Council, which includes all of the territory in the town.
(I.C. 8-1.5-5-3.5)
EQUIVALENT RESIDENTIAL UNIT (ERU). The average amount of impervious surface area for a single-family residential property located within the corporate limits of the town. The ERU for the town is 3,210 square feet of impervious surface, which shall be used in calculating user fees for nonresidential properties.
IMPERVIOUS SURFACE AREA. The horizontal surface area of property covered with materials which include, but are not limited to, concrete, asphalt, rooftop, blacktop and compacted gravel such that the infiltration of stormwater is prevented or impeded. The total amount of impervious surface area located on a property without regard to the topographic features of the property shall be included. Driveways, roadways, parking lots and other areas used for vehicular traffic are considered to be IMPERVIOUS SURFACE AREAS. However, undisturbed land, tilled agricultural land, ponds, lawns and fields are not considered to be IMPERVIOUS SURFACE AREAS.
INFILTRATION. The process of allowing runoff to penetrate the ground surface and flow through the upper soil surface.
LOT. The smallest separately-segregated parcel, unit or plot of land having an identified owner, boundaries and surface area which is documented for property tax purposes by the county’s Assessor.
MULTI-FAMILY PROPERTY. A lot or parcel on which a building is situated which contains two residential units shall be billed at one ERU per sewer service connection. A MULTI-FAMILY PROPERTY containing three or more residential units shall be classified and billed as a nonresidential property, and the bill shall be sent to the owner of the property.
MULTI-UNIT PROPERTY. A nonresidential property which contains more than one unit within the same parcel. MULTI-UNIT PROPERTIES include, but are not limited to, commercial plazas, strip malls, apartment buildings, commercial office buildings and medical complexes. MULTI-UNIT PROPERTIES shall be classified and billed as nonresidential, and the bill shall be sent to the owner of the property.
NONRESIDENTIAL PROPERTY. All properties not categorized as residential properties. NONRESIDENTIAL PROPERTIES include, but are not limited to, the following:
(1) Agricultural property;
(2) Businesses and commercial property;
(3) Multi-unit property;
(4) Churches and other places of religious affiliation;
(5) Community centers;
(6) Federal, state and local government property;
(7) Hospitals and medical centers;
(8) Combined residential/business property with a “prohibited home occupation” in accordance with § 156.038 of this code. “Permitted home occupations” are considered residential properties for stormwater utility-billing purposes;
(9) Industrial property;
(10) Multi-family property which contains three or more units;
(11) Mobile home parks;
(12) Retirement centers;
(13) Schools and colleges; and
(14) Common areas of residential developments including, but not limited to, parking lots, maintenance areas, recreational areas, office areas and all other areas not occupied by residential units.
PERSON. Any natural individual, corporation, partnership, institution or other entity.
PRIVATE STORMWATER FACILITIES. Facilities not subject to the control of or not under the ownership of the local, state or federal government which are designed to transport, move or regulate stormwater.
PUBLIC STORMWATER FACILITIES. Facilities subject to the control of or under the ownership of the local, state or federal government which are designed to transport, move or regulate stormwater. This includes facilities in rights-of-way.
PUBLIC TRANSPORT. Within this chapter, any land type, regardless of property ownership, which is primarily used for public roadways or regulated drainage, specifically legal drains and public roads.
RESIDENTIAL PROPERTY. A lot or parcel on which a building or mobile home is situated in which a single family resides, including a combined residential/business property with a home service/occupation which is permitted by § 156.038 of this code. A multi-family property consisting of two residential units in a single building shall also qualify as a RESIDENTIAL PROPERTY.
STORMWATER. The chemical compound of hydrogen and oxygen which is produced from atmospherical clouds as rain, snow, sleet or hail.
STORMWATER BOUNDARY AREA. The geographical territory of the district.
STORMWATER DEPARTMENT USER. Any person owning real estate in the district.
STORMWATER DEPARTMENT USER FEE. A charge imposed on any Stormwater Department user.
STORMWATER SYSTEM. All constructed facilities, including structures and natural watercourses under the ownership or control of the Department, which are used for collecting and conducting stormwater to, through and from drainage areas to the point of final outlet. This includes, but is not limited to, any and all of the following: inlets, conduits and appurtenant features, creeks, channels, catch basins, ditches, streams, streets, curbs and gutters, culverts, retention or detention basins and pumping stations, and excludes therefrom waters of the state.
(Ord. 2012-1, passed 7-24-2012; Ord. 2017-8, passed 11-7-2017)