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§ 51.05 DEFINITIONS.
   As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:
   CUSTOMER or CONSUMER. The person or entity to which a bill for storm water service charges is sent.
   DEVELOPED LAND. Real property that contains impervious surfaces, and includes improved land without structures and land on which improvements are under construction.
   DWELLING UNIT. One or mere rooms physically arranged to create a housekeeping establishment with separate facilities for cooking, sleeping and toilet for occupancy by one or more persons.
   EQUIVALENT RESIDENTIAL UNIT (ERU). The median of impervious surface area on a single-family developed land in the town.
   ILLICIT CONNECTIONS. Either of the following.
      (1)   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or
      (2)   Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the town.
   ILLICIT DISCHARGE. Any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or other discharge of any substance other than storm water into the storm drain system, the waters of the U.S., or upon the land such that the substance is likely to reach the storm drain system or the waters of the U.S. constitutes an illegal discharge, except as exempted in § 51.17.
   IMPERVIOUS SURFACE. Any surface that because of its material composition or compacted nature impedes or prevents natural infiltration of storm water into the soil. Impervious surfaces include, but are not limited to: roofs; roof extensions; patios; balconies; decks; athletic courts; swimming pools (excluding the water area of swimming pools); privately-owned streets, parking areas, driveways, and sidewalks; and any concrete, stone, brick, asphalt, or compacted and/or sealed gravel surfaces. Porous pavers, ungraveled natural footpaths, compacted dirt surfaces, non-compacted gravel surfaces, wooden slatted decks over pervious surfaces, water surfaces of lakes and streams, and septic system drain fields are not impervious surfaces.
   MANAGER. The Town Manager or his or her designee.
   NON-RESIDENTIAL DEVELOPED LAND. All non-residential land uses including, but not limited to: churches; institutional buildings, whether public or private; hospitals; rest homes; public and private schools, colleges and universities; institutionally-owned fraternity and sorority houses; dormitories; commercial; office; hotels and motels; industrial buildings; bona fide farms; storage areas; parking lots; and land containing non-residential improvements under construction or other impervious surfaces.
   OTHER RESIDENTIAL DEVELOPED LAND. Any individual lot or parcel of residential developed land that is not single-family developed land. It includes, but is not limited to, land upon which there are residential structures that contain more than one dwelling unit, such as multi-family dwellings (duplexes and greater), manufactured home parks as defined in the ordinances regulating development, condominiums, apartments, boarding houses, rooming houses, and privately-owned fraternity and sorority houses. Other residential developed land is sometimes called "multi-family" land.
   PROPER OPERATIONS AND MAINTENANCE. Any action necessary to keep storm water control measures and devices in proper working condition, so that such facilities will continue to comply with applicable town Code of Ordinances to prevent safety hazards, public nuisances, and the failure of storm water control measures and devices to function as intended. Maintenance includes activities identified on approved storm water control plans, any applicable storm water operations and maintenance manual, any applicable agreements or certifications to the town, and these activities outlined in this chapter.
   PROPERTY OWNER or OWNER. The owner of a real property as shown on the Union County tax records.
   SINGLE-FAMILY DEVELOPED LAND. An individual lot or parcel of land developed with only one single-family or detached dwelling unit (which may include an accessory apartment), one manufactured home, or one mobile home, and the ownership interest of the lard and of the dwelling unit are united and identical. Single-family developed land shall not include structures used primarily for nonresidential purposes or other residential and nonresidential developed property.
   STORM WATER CONTROL MEASURE. Any device constructed to manage storm water quantity and/or quality.
   STORM WATER MANAGEMENT SYSTEM or SYSTEM. The network of natural and constructed devices owned or controlled by the town for collecting, storing, treating, and transporting storm water. It includes, but is not limited to, structural drainage systems such as open swales and ditches, catch basins, pipes, inlets, storm sewers, drains, culverts, junction boxes, and other storm water management facilities that affect the quality and quantity of storm water located within dedicated public street rights-of-way and town's permanent drainage easements accepted by the town and any natural storm water drainage systems owned or controlled by the town.
   STORM WATER SERVICE CHARGE. The charge to provide storm water services to developed property. The charge is based upon the single-family equivalent residential unit (ERU) as calculated for that property.
   STORM WATER UTILITY FUNDS. The storm water service charges and the interest generated by those charges.
   STORM WATER SERVICES. Town storm water management programs designed to protect water quality by controlling the level of pollutants in, and the quantity and flow of, storm water, and town service of structural and natural storm water and drainage systems of all types. Storm water services include any cost necessary to ensure that all aspects of storm water quality and quantity are managed in accordance with federal and state laws, regulations and rules, and costs related to the mapping, planning, construction operation, maintenance, inspection, management and regulation of the storm water management system and the regulation of impervious surface and storm water.
(Ord. passed 6-25-2007)
STORM WATER UTILITY
§ 51.15 ESTABLISHMENT OF A STORM WATER UTILITY.
   By the adoption of this chapter the Town Council hereby establishes a storm water utility to support storm water management programs to protect water quality by controlling the level of pollutants in and the quantity and flow of storm water as well as storm water structures and natural storm water and drainage systems of all types. The storm water utility is a public enterprise furnishing services to the town and its citizens.
(Ord. passed 6-25-2007)
§ 51.16 CREATION OF STORM WATER MANAGEMENT ACCOUNTING.
   All storm water service charges and interest generated by such charges, also referred to as the storm water utility funds, shall be accounted for separately from all other revenues and funds and shall be used by the town solely for the operational costs, maintenance costs, management costs, indirect costs, capital improvements, debt principal and debt service, and establishment of a reserve fund for storm water services. The town may use funds that are not storm water utility funds to provide storm water services.
(Ord. passed 6-25-2007)
§ 51.17 STORM WATER MANAGEMENT SERVICE CHARGES.
   (A)   All developed land in the town, whether public or private, shall be subject to a storm water service charge. Exemptions shall not be allowed based on age, tax exemption, or other status of an individual or organization. Storm water service charges may be subject to a credit system as further provided herein.
   (B)   Storm water service charges on developed land shall be based on a schedule of rates, charges, tiers, and late fees fixed and established from time to time by the Town Council, adopted in the annual budget ordinance and maintained on file in the offices of the Town Clerk. Storm water service charges will be determined and modified from time to time by the Town Council, so that the total revenues generated by said charges will be used to pay the principal and the interest on the debt incurred for storm water purposes, and such expenses as are reasonably necessary for providing storm water services within the town.
   (C)   Computation of storm water service charges.
      (1)   For single-family developed residential land, the monthly storm water service charges shall be based on the median amount of impervious surface on a single-family residential lot in the town, which is known as an "Equivalent Residential Unit" or ERU. (The median amount of impervious surfaces on a single-family residential lot in the town has been calculated to be        square feet.) There shall be two tiers for single-family developed properties, based on the amounts of impervious surfaces of single-family properties, as shown in the following table.
 
Single-Family Size
Amount of Impervious Area
Small and medium
Less than ERU square feet
Large
Greater than ERU square feet
 
      (2)   For other developed residential land, the monthly storm water service charges shall be one ERU per each dwelling unit. This category includes townhouses, apartments, condominiums, and other multi-unit residential developments.
      (3)   For all other developed properties, the monthly storm water service charge on developed land is calculated by dividing the total impervious surface area of the property by one ERU, rounded to the nearest tenth, multiplied by the established monthly ERU rate.
   (D)   The following exemptions from storm water management service charges are allowed provided that requests for exemptions authorized under this division are made in writing to the Town Manager or his or her designee and document the application of the exemption. The Town Manager may approve or reject the request in whole or in part.
      (1)   Undeveloped land.
      (2)   Improved public transportation ways, including public streets, roads, greenways and trails, airport taxiways and runways, and internal roads within public facilities which have been conveyed to the North Carolina Department of Transportation or the town and which are used by the general public for motor vehicle transportation.
      (3)   Railroad tracks. However, railroad stations, maintenance buildings or other developed land shall not be exempted from storm water management service charges.
      (4)   Developed land with less than 400 square feet of impervious surface area.
(Ord. passed 6-25-2007)
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