For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL. The use of land or structures for agricultural purposes, including farming, dairying, pasturage, aquaculture, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory structures and uses such as tenant housing and those for the packing, treating, or storing of produce. However, the operation of any accessory uses shall be secondary to that of the normal agricultural activities.
AUTHORIZED OFFICIAL. The Public Works Commissioner for the Town of New Palestine, Indiana, or designated town employee, Town Engineer or an agent of the town authorized in writing by the Board to administer or enforce the provisions of this subchapter.
BOARD. The Town Council of New Palestine, Indiana, acting as the New Palestine Municipal Sewer Board.
CODE. The Code of Ordinances of New Palestine, Indiana.
COMMON AREA. A parcel within a subdivision that is commonly used by one or more tenants and maintained by a not-for-profit entity such as a homeowners association.
COMMON AREA - TYPE 1. Common area with a building such as a clubhouse, pool house and pool.
COMMON AREA-TYPE 2. Common area without a building but including amenities such as playground equipment.
COMMON AREA - TYPE 3. Common area without any buildings, structures or amenities except storm sewer improvements such as detention facilities.
DETENTION. The temporary storage of stormwater runoff in a basin, pond or other structure to control the peak discharge rates by holding the stormwater for a period of time and which provides some gravity settling of particulates.
DEVELOPED PROPERTY. Any lot or parcel of land altered from its natural state by the construction, creation or addition of impervious area, except public streets and highways.
DISCHARGE. Any direct or indirect entry of any solid, liquid or gaseous matter.
DWELLING UNIT. A group of rooms that are used or are intended to be used by one household primarily for living, sleeping, cooking and eating, or as classified by the town building code.
EQUIVALENT RESIDENTIAL UNIT (ERU). The base unit for determining stormwater charges. An ERU represents the average amount of impervious
area of a single-family residential property within the town and is established as 2,565 square feet of impervious area.
IMPERVIOUS AREA. Any part of any developed property that has been modified by the action of persons to reduce the land's natural ability to absorb and hold rainfall. This includes buildings as well as any hard surface area which either prevents or retards the entry of water into the soil. By way of example, IMPERVIOUS AREAS include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, or gravel roads or driveways. The IMPERVIOUS AREA for any given parcel shall be determined solely by the authorized official or his or her representative.
LOCAL UNIT OF GOVERNMENT. Consists of the Town of New Palestine, Southern Hancock Community School Corporation, Sugar Creek Township and the Sugar Creek Township Fire Department.
MULTI-FAMILY RESIDENTIAL PROPERTY. A lot or parcel of land on which is situated a building containing three or more dwelling units, or on which two or more buildings containing multiple dwelling units are situated.
NON-RESIDENTIAL PROPERTY. All properties not encompassed within the definition of “residential property,” including, but not limited to: commercial, industrial, retail, multi-family residential, agricultural, governmental, institutional, schools and churches.
NOT-FOR-PROFIT. Any entity designated as not-for-profit pursuant to the Internal Revenue Service regulations upon receipt of documentation of said designation by the Internal Revenue Service from the property owner.
PARCEL. The smallest separately segregated lot, unit or plot of land having an identified owner, boundaries, and surface area which is documented for
property tax purposes by the Sugar Creek Township or Hancock County Assessor.
PEAK DISCHARGE. The maximum rate of flow of water passing a given point during or after a rainfall event.
PERSON. Any natural individual, corporation, partnership, institution, or other entity.
RESIDENTIAL PROPERTY. A parcel within the town on which a single building or mobile home is situated. Said parcel may also contain accessory structure(s) such as a yard shed or garage, as allowed by town ordinances, Each and every RESIDENTIAL PROPERTY shall be assigned one ERU.
RIGHT-OF-WAY. A strip of publicly dedicated land over which a public street, road or alley has been or may be constructed.
SITE OF COMMERCIAL ACTIVITY. Any area or facility used for the sale of goods, materials, or services as well as any use permitted or special exception within the B-1, B-2, B-3 and B-4 business district zoning classifications as contained within the Code of Ordinances of New Palestine, Indiana.
SITE OF INDUSTRIAL ACTIVITY. Any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR Section 122.26(a)(14) of regulations of the U.S. Environmental Protection Agency, as amended.
STORMWATER. The chemical compound of hydrogen and oxygen which is produced from atmosphere clouds as rain, snow, sleet, and hail.
STORMWATER SYSTEM. All constructed facilities, including structures and natural watercourses under the ownership or control of the town, 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, streets, culverts, retention or detention basins and pumping stations; but excluding therefrom, any part of the system of drains and watercourses under the jurisdiction of the Hancock County Drainage Board or waters of the State of Indiana.
STORMWATER UTILITY USER. The owner of a lot or parcel within the town.
STORMWATER UTILITY USER FEE. A charge or user fee authorized by I.C. 36-9-23 and imposed on all stormwater utility users.
SURFACE WATER. Water occurring on the surface of the land, from natural causes such as rainfall, whether failing on the land in question or flowing onto the land in question.
TOWN. The Town of New Palestine, Indiana.
UNDEVELOPED LOT. A residentially platted lot upon which there have been no structures located or placed.
UNDEVELOPED PROPERTY. Parcel which has not been altered from its natural state by the addition of any improvements such as a building, structure, or impervious surface, change of grade or landscaping or a parcel which has been restored to its natural state by the removal of all improvements such as buildings, structures, or impervious surfaces. For new construction, a parcel shall be considered developed pursuant to this subchapter:
(1) Upon issuance of a certificate of occupancy, or upon completion of construction or final inspection if no such certificate is issued; or
(2) Where construction is at least 50% completed.
UTILITY BILLING PERSONNEL. Employees of the Town of New Palestine, Indiana, charged with account establishment, creation and distribution of regular invoices, and recording of charges and payments for each account, as well as related enforcement allowed within this subchapter.
WOODED PROPERTY. An undeveloped property that has a "wooded" or "forested" area which makes up at least 80% of the area of the parcel, which has been committed to remain in its natural state. The property owner must demonstrate the commitment to leave the wooded property in its natural state to the satisfaction of the utility billing personnel.
(Ord. 042016B, passed 5-18-2016)