For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL PROPERTY(IES). Those lots or parcels of real estate used as a “farm”, as defined by the State of Iowa and listed on Jasper County Assessor’s website. AGRICULTURAL PROPERTIES may or may not contain a dwelling unit(s) and/or other buildings or structures.
CITY. The City of Newton, Iowa.
CITY ADMINISTRATOR. The City Administrator of the city or his or her designee.
CLASSIFICATION OF REAL ESTATE. Classified as defined in the Iowa Administrative Code Chapter 71,701-71 Assessment Practices And Equalization, 701-71.1 Classification of real estate.
COMMERCIAL PROPERTY(IES). Those properties which have been classified by the State of Iowa and listed on Jasper County Assessor’s website as primarily used for commercial purposes. COMMERCIAL PROPERTIES shall also include properties with mixed commercial and residential uses.
DEVELOPED PROPERTY. A property altered from its natural state by the construction or installation of a structure thus increasing the amount of rainwater or surface water runoff.
DIRECTOR. The Public Works Director/Director of the Stormwater Utility.
EQUIVALENT RESIDENTIAL UNIT (ERU). The average impervious area of a residential property within the city, which shall be used as the basis for determining stormwater utility charges to residential properties as set forth in this chapter.
EXEMPT PROPERTIES. Those properties classified as exempt from property taxes by the County Assessor.
FACILITY. The premises on which industrial, commercial and/or land disturbing activity occurs.
GROUNDWATER. Subsurface water or water stored in pores, cracks, and crevices in the ground.
IMPERVIOUS AREA. The number of square feet of hard surfaced areas which either prevent or resist the entry of water into soil surface, as it entered under natural conditions as undeveloped property, and/or cause water to run off the surface in greater quantities or at an increased rate of flow from what would be present under natural conditions as undeveloped property. This includes, but is not limited to, roofs, roof extensions, patios, porches, driveways, sidewalks, pavement, athletic courts, and semi-impervious surfaces such as gravel which are used as driveways or parking lots.
INDUSTRIAL PROPERTIES. Those properties which have been classified as primarily used for industrial purposes as defined by the State of Iowa and listed on Jasper County Assessor’s website.
MULTI-FAMILY RESIDENTIAL. Those properties which have been classified as primarily used for multi-family purposes as defined by the State of Iowa and listed on Jasper County Assessor’s website. These properties containing a structure or structures which contain(s) multi-family residential units, designed for occupancy by multiple families for the purpose of residing in, including but not limited to mobile home parks, manufactured home communities, land-leased communities, assisted living facilities, and other property primarily used or intended for human habitation containing three or more separate dwelling units.
OCCUPANT. The person residing or doing business on the property. In a family or household situation, the person responsible for the obligation imposed shall be the adult head of the household. In a shared dwelling or office situation, the adult legally responsible for the management or condition of the property shall be responsible.
OWNER. The legal owner(s) of record as shown on the tax rolls of the City of Newton, except where there is a recorded land sale contract, the purchaser thereunder shall be deemed the owner.
RESIDENTIAL. Developed property containing a structure which contains one or more bedrooms, with a bathroom and kitchen facilities, designed for occupancy by one family. RESIDENTIAL units include all single-family and duplex properties for the purpose of residing in, within the City of Newton.
STORM DRAIN SYSTEM. Publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to any roads with drainage systems, municipal streets, gutters, discharges, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and manmade or altered drainage channels, reservoirs or other drainage structures.
STORM SEWER. A sewer, which carries stormwater, surface runoff, street wash waters, and drainage, but which excludes sanitary sewage and industrial wastes, other than permitted discharges.
STORMWATER. Any surface, flow, runoff, snowmelt runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER DRAINAGE SYSTEM. All manmade facilities, structures, and natural watercourses owned by the City of Newton, used for collection and conducting stormwater to, through, and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: conduits and appurtenant features, canals, creeks, catch basins, ditches, streams, gullies, ravines, flumes, culverts, siphons, streets, curbs, gutters, dams, floodwalls, levees, and pumping stations.
STORMWATER FACILITIES. Various stormwater and drainage works that may include inlets, pipes, pumping stations, conduits, manholes, energy dissipation structures, stream channels, outlets, retention/detention basins, infiltration practices and other structural components.
STORMWATER MANAGEMENT. 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.
STORMWATER MANAGEMENT SYSTEMS. Address the issues of drainage management (flooding) and environmental quality (pollution, erosion, and sedimentation) of receiving rivers, streams, creeks, lakes, ponds, and reservoirs through improvements, maintenance, regulation and funding of plants, works, instrumentalities and properties used or useful in the collection, retention, detention, and treatment of stormwater or surface water drainage.
STORMWATER UTILITY. The utility established under this chapter for the purpose of managing stormwater and imposing charges for the recovery of costs connected with such stormwater management.
SURFACE WATER. Water bodies and any water temporarily residing on the surface of the ground including lakes, reservoirs, rivers, ponds, streams, puddles, channelized flow and runoff.
UNDEVELOPED PROPERTY. 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 natural state shall be deemed undeveloped. Undeveloped land shall have minimal concrete pavement, asphalt, or compacted gravel surfaces or structures which create an impervious surface.
USER. The owner and/or occupant of any developed property within the limits of the City of Newton, and any person who uses property which maintains connection to, discharges to, or otherwise receives services from the city for stormwater management. The occupant of any habitable property is deemed the user. If the property is not occupied, then the owner shall be deemed the user.
UTILITY CHARGES. The periodic rate, fee or charge applicable to a parcel of developed land, which charge shall be reflective of the service provided by the City of Newton Stormwater Utility. Utility charges are based on measurable parameters which influence the Stormwater Utility’s cost of providing services and facilities, with the most important factor being the amount of impervious area on each parcel of developed land.
WATERCOURSE. A natural overland route through which water passes, including drainage courses, streams, creeks, and rivers.
(Ord. 2386, passed 1-19-2020)