10-25-3: DEFINITIONS:
Words 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. 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.
For the purpose of this chapter, the following definitions shall apply:
AGRICULTURAL PROPERTY: Property which is zoned agricultural and is designated as agricultural in the Toquerville City general plan.
BASE RATE: The stormwater user fee for a single-family residential property.
BEST MANAGEMENT PRACTICE OR BMP: 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 Toquerville 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 stormwater facilities; preliminary planning to determine the economic and engineering feasibility of stormwater 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 stormwater facilities; and the inspection and supervision of the construction of stormwater facilities.
DEFICIENT PROPERTY: Real property that does not have adequate stormwater facilities as required in the latest edition of Toquerville City standards and specifications.
DEVELOPED PROPERTY: Real property which has been altered from its natural state by the creation of impervious areas, by the addition of any buildings, structures, pavement or other improvements.
EQUIVALENT RESIDENTIAL UNIT (ERU): The average of the total square footage of the impervious surface areas of developed single-family residential property within Toquerville City as approved by the city council.
EXEMPT PROPERTY: All public rights of way, public streets and public roads, public alleys, public sidewalks and public greenways within Toquerville City. For purposes of this definition, "public" shall mean that which is maintained by or is dedicated to Toquerville City, Washington County, state of Utah, or government of the United States.
FISCAL YEAR: July 1 of a calendar year to June 30 of the next calendar year.
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 faces of walls, 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 properties, hotels, offices and churches. Such property shall also include single residential dwellings which are attached to or otherwise are a part of a building housing a commercial enterprise. Any single-family residential structure which contains more than two (2) 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 state or country.
PROPERTY OWNER: The property owner of record as listed in the county 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.
STORMWATER: Stormwater runoff, snowmelt runoff, surface runoff, infiltration and drainage.
STORMWATER MANAGEMENT: The programs to manage quality and quantity of stormwater runoff.
STORMWATER SYSTEM: The natural or manmade system that collects, conveys, stores or otherwise treats or affects stormwater or surface water.
STORMWATER USER 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 stormwater management and of operating, maintaining and improving the stormwater system in Toquerville City.
STORMWATER UTILITY: A management structure that is responsible solely and specifically for the stormwater management program and system.
STORMWATER UTILITY MANAGEMENT FUND: The fund created by this chapter to operate, maintain and improve the Toquerville City stormwater 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 stormwater 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. (Ord. 2012.04, 1-18-2012)