Unless the context specifically indicates otherwise, the meaning of the terms used in this chapter shall be as follows:
1. “Apartment dwelling” means a self-contained housing unit that occupies only part of a building which consists of many similar housing units for rent or sale, wherein the land or lot beneath the multi-dwelling structure may be owned by the building owner. In the application of stormwater management fees, each apartment dwelling shall be one half (1/2) SFD.
2. “Bonds” means revenue bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.
3. “Construction cost” means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including but not limited to the costs of the following:
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 utility 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 and installation;
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 subcontractor in respect of any default under a contract relating to construction;
G. Principal and interest on any bonds; and
H. Miscellaneous expenses incidental thereto.
4. “Customers of stormwater utility” include all persons, properties, and entities served by and/or benefiting from the utility’s acquisition, management, maintenance, extension and improvement of the public stormwater management systems and facilities.
5. “Debt service” means the amount of money necessary annually to pay the interest on outstanding debt and pay the principal of maturing bonded debt.
6. “Developed property” means land that has been altered from its natural state by construction or installation of more than 500 square feet of impervious surface area thus increasing the amount of rainwater or surface water runoff.
7. “Duplex dwelling” means a building containing only two (2) dwelling units and designed for and occupied exclusively by not more than two (2) families with separate housekeeping and cooking facilities for each. In the application of stormwater management fees, each duplex dwelling property shall be treated as two (2) single-family dwellings.
8. “Single family dwelling (SFD)” is based on the general characteristics of a single family dwelling in the community. The SFD unit shall be used as the basis for determining stormwater management fees.
9. “Exempt property” includes public streets, alleys and sidewalks; all undeveloped properties including land used for agriculture; all vacant properties and properties which have been zoned but do not have building permits issued.
10. “Impervious surface” means those areas which prevent or impede the infiltration of stormwater into the soil as it enters in natural conditions prior to development. Common impervious surface areas include, but are not limited to, rooftops, sidewalks, driveways, patios, parking lots, storage areas, compacted gravel surfaces and other surfaces which prevent or impede the natural infiltration of stormwater runoff which existed prior to development.
11. “Mobile home dwelling” means a detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or a flatbed or other trailer, and arriving at the site where it is occupied as a dwelling complete and ready for occupancy except for minor unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. In the application of stormwater management fees, each mobile home dwelling property shall be treated as one half (1/2) single-family dwelling.
12. “Nonresidential properties” means all developed properties not encompassed by the definition of residential shall be defined as nonresidential. Nonresidential properties shall include: commercial property; industrial property; institutional property; churches; hospitals; schools; parking lots; and any other property not mentioned in the lists of properties. In the application of stormwater management fees for nonresidential property, a runoff coefficient multiplier of 2 times the SFD unit shall be used. A gross land area multiplier (per acre) shall also be used for properties larger than 1.00 acre. (See Nonresidential Land Area Multiplier Table, Section 101.08(1)(G).
13. “Operating budget” means the annual operating budget for the stormwater management utility adopted by the City Council for the succeeding fiscal year.
14. “Pollutant” means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, so that the same may cause or contribute to pollution; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform bacteria and pathogens; dissolved and particulate metals; animal wastes; waste and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
15. “Revenues” means all rates, fees, assessments, rentals or 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 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.
16. “Single-family dwelling” means a residence designed for or occupied by one family only entirely surrounded by yard on the same lot. In the application of stormwater management fees, each single-family dwelling shall be one (1) SFD.
17. “Stormwater drainage system” means the system of publicly or privately owned or operated man-made facilities, structures, and natural watercourses, including rivers, streams, creeks, canals, ditches, drainage channels, culverts, flumes, pipes, catch basins, streets, gutters, and lakes within the City through which or into which stormwater runoff, surface water, or subsurface water is conveyed or deposited.
18. “Stormwater management” means the tasks required to control stormwater runoff using stormwater management systems, to protect the health, safety, and welfare of the public, and comply with relevant State and federal regulations.
19. “Stormwater management system and facilities” address the issue of drainage management (flooding) and environmental quality (pollution, erosion and sedimentation) of receiving rivers, streams, creeks, lakes and ponds through improvements, maintenance, and regulation of structures and property used in the collection, retention, detention and treatment of stormwater or surface water drainage.
20. “Stormwater management utility” means the enterprise fund utility created by this division to operate, maintain and improve the system and for such other purposes as stated in this division, the utility established under this section for the purpose of managing stormwater and imposing charges for the recovery of costs connected with such stormwater management.
21. “Townhome dwelling” means a dwelling unit which is detached or attached horizontally, and not vertically, to one or more other dwelling units, wherein the land or lot beneath each dwelling may be individually owned in common by a townhome association. In the application of stormwater management fees, each townhome dwelling shall be treated as one (1) single-family dwelling.
22. “Undeveloped property” means land in its unaltered natural state or which has been modified to such minimal degree as to have a hydrologic response comparable to land in an unaltered state. Undeveloped land shall have less than 500 square feet of pavement, asphalt or compacted gravel surfaces or structures which create an impervious surface area. Agricultural property that is used specifically for row crop or animal production and has less than 500 sf of impervious surfaces (excluding row crop areas) shall be classified as undeveloped property.
23. “User” means any person owning, operating, or otherwise responsible for property within the City which directly or indirectly discharges stormwater or surface or subsurface waters to any portion of the stormwater management system or which is directly or indirectly protected by the City’s flood protection system or stormwater drainage system.