(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL PROPERTY. Property which is zoned agricultural and/or property which yields an annual minimum, or in which the annual minimum has been met in two of the last five years, of $1,000 of agricultural products produced and/or sold from the operation of the property. Agricultural production shall include agricultural, forest and/or livestock production as defined by the United States Department of Agriculture, Natural Resources Conservation Service, Environmental Quality Incentive Program. Proof of agricultural producer status may include IRS form 1040 Schedule F or other accounting records certified by a tax preparer.
BASE RATE. The storm water user fee for a detached single-family residential property in the city.
BEST MANAGEMENT PRACTICES or BMPs. The physical, structural and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the city, and that have been incorporated by reference into this chapter as if fully set out therein.
CONSTRUCTION. The erection, building, acquisition, alteration, reconstruction, improvement or extension of storm water facilities; preliminary planning to determine the economic and engineering feasibility of storm water facilities; the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action necessary in the construction of storm water facilities; and the inspection and supervision of the construction of storm water facilities.
DEFICIENT PROPERTY. Real property that does not have adequate storm water facilities as required in the latest edition of the city’s Subdivision Regulations and Storm Water Management Ordinance.
DEVELOPED PROPERTY. Real property which has been altered from its natural state by the creation or addition of impervious areas, by the addition of any buildings, structures, pavement, drives or other improvements.
EQUIVALENT RESIDENTIAL UNIT or ERU. The average of the total square footage of the impervious surface areas of developed single-family residential property within the city as approved by the Board of Mayor and Aldermen.
EXEMPT PROPERTY. All public rights-of-way, public streets and public roads, public alleys, public sidewalks and public greenways, public “park and ride” facilities and bus stops and railroad right-of-way properties within the city. For purposes of this definition, “public” shall mean that which is maintained by or is or is to be dedicated to the city and/or the state or the government of the United States.
FISCAL YEAR. July 1 of a calendar year to June 30 of the next calendar year, both inclusive.
IMPERVIOUS SURFACE. A surface which is compacted or covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots and any other oiled, graveled, graded, compacted or any other surface which impedes the natural infiltration of surface water.
IMPERVIOUS SURFACE AREA. The number of square feet of horizontal surface covered by buildings and other impervious surfaces. All building measurements shall be made between exterior limits of the structure, foundations, columns or other means of support or enclosure.
OTHER DEVELOPED PROPERTY. Developed property other than single-family residential property. Such property shall include, but not be limited to, commercial properties, industrial properties, parking lots, hospitals, schools, recreational and cultural facilities, hotels, offices and churches. Such property shall also include single-family dwellings which are attached to or otherwise a part of a building housing a commercial enterprise. Any single-family residential structure which contains more than two attached dwelling units is specifically included in this definition.
PERSON. Any and all persons, natural or artificial, including any individual, firm or association, and any municipal or private corporation organized or existing under the laws of this or any other state or country.
PROPERTY OWNER. The property owner of record as listed in the county’s tax assessment roll. A PROPERTY OWNER includes any individual, corporation, firm, partnership or group of individuals acting as a unit, and any trustee, receiver or personal representative.
SINGLE-FAMILY RESIDENTIAL PROPERTY. A developed property which serves the primary purpose of providing a permanent dwelling unit to a single family. A single-family detached dwelling, a townhouse, an accessory apartment or second dwelling unit, a duplex, a condominium, a villa or a garden home is included in this definition. A single-family dwelling which is attached to, or otherwise a part of, a building housing a commercial enterprise is not included in this definition.
STORM WATER. Storm water runoff, snow melt runoff, surface runoff, infiltration and drainage.
STORM WATER MANAGEMENT. The programs to manage quality and quantity of storm water runoff.
STORM WATER SYSTEM. The natural or human-made system that collects, conveys, stores or otherwise treats or affects storm water or surface water.
STORM WATER USER FEE or FEE. The utility service fee established under this chapter and levied on owners or users of parcels or pieces of real property to fund the costs of storm water management and of operating, maintaining and improving the storm water system in the city. The STORM WATER USER FEE is in addition to other fees that the city has the right to charge under any other rule or regulation of the city.
STORM WATER UTILITY. A management structure that is responsible solely and specifically for the storm water management program and system.
STORM WATER UTILITY MANAGEMENT FUND or FUND. The fund created by this chapter to operate, maintain and improve the city’s storm water system.
SURFACE WATER. Waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes, ponds, wetlands, marshes and sinkholes.
USER. The owner or customer of record of property subject to the storm water user fee imposed by this chapter.
VACANT/UNDEVELOPED PROPERTY. Property on which there is no structure for which a certificate of occupancy has been issued.
(B) (1) Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive.
(2) Words not defined in this section shall be construed to have the meaning given by common and ordinary use as defined in the latest edition of Webster’s Dictionary.
(2011 Code, § 18-503) (Ord. 09-39, passed 12- -2009)