§ 32.117 DEFINITIONS.
   For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATOR. The Town Manager.
   COMBINED SEWER. Pipe or conduit primarily used to convey sanitary sewage and secondarily intended to convey stormwater.
   CUSTOMER or USER. A property owner benefiting from the stormwater system.
   DEPARTMENT. The Stormwater Management Department established in this subchapter.
   DETENTION. The temporary storage of storm runoff in a basin, pond or other structural or nonstructural device to control the peak discharge rates by holding the stormwater for a lengthened period of time and which provides gravity-settling of pollutants.
   DEVELOPED. The condition of real property altered from its natural state by the addition to or construction on such property of impervious surfaces or physical improvements such that the hydrology of the property or a portion thereof is affected.
   DITCH, LEGAL or REGULATED DRAIN. Any drainage system under the jurisdiction of the Delaware County Drainage Board as of the date of enactment of this subchapter.
   DITCH, OPEN. A relatively deep drainage channel which may have a continuous water flow. Open ditches are outlets for both surface, subsurface, or storm sewer drainage systems.
   DRAIN. Relative to stormwater drainage, any sewer, tile, ditch, stream or other stormwater runoff conveyance channel or conduit.
   DRAINAGE, SUBSURFACE. A system of pipes, tile, conduit, or tubing installed beneath the ground used to collect underground water from individual parcels, lots, building footings, or pavements.
   DRAINAGE, SURFACE. A system by which the stormwater runoff is conducted to an outlet. This would include the proper grading of parking lots, streets, driveways and yards so that storm runoff is removed without ponding and flows to a drainage swale, open ditch, or a storm sewer.
   DRAINAGE, SWALE. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion, or other site feature.
   DRAINAGE, SYSTEM. Any combination of surface and/or subsurface drainage components fulfilling all applicable drainage requirements.
   DRAINAGE EASEMENT. The land required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
   DRAINAGE FACILITIES. All ditches, channels, conduits, retention-detention systems, tiles, drainage swales, sewers, and other natural or artificial means of draining stormwater from land.
   DRAINAGE REQUIREMENTS.
      (1)   Minimum drainage standards as established by ordinance;
      (2)   Regulations promulgated by the Town Council;
      (3)   Obligations and requirements relating to drainage established under the subdivision control ordinances of the town or Delaware County;
      (4)   Requirements contained in the zoning ordinances of the town or Delaware County, including floodway zoning requirements;
      (5)   Obligations and requirements relating to drainage established under the Drainage Board of Delaware County, Indiana; and
      (6)   Conditions relating to drainage attached to a grant of variance by the Board of Zoning Appeals.
   EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation or other legal entity for specified purposes.
   ENGINEER. Any engineer retained by the town.
   ERU. Equivalent residential unit, equal to the average amount of impervious area found on a typical single-family residential parcel which is 2,500 square feet. Therefore, one ERU equals 2,500 square feet of impervious area.
   IMPERVIOUS AREA. Area within developed land that prevents or significantly impedes the infiltration of stormwater into the soil. Included in this definition are areas that have been paved and/or covered with buildings and materials which include, but are not limited to, concrete, asphalt, rooftop and blacktop, such that the infiltration of water into the soil is prevented. Excluded from this definition are undisturbed land, lawns and fields.
   INFILTRATION. A complex process of allowing runoff to penetrate the ground surface and flow through the upper soil surface.
   LAND ALTERATION.
      (1)   Any action taken relative to land which either:
         (a)   Changes the contour; or
         (b)   Increases the runoff rate; or
         (c)   Changes the elevation; or
         (d)   Decreases the rate of which water is absorbed; or
         (e)   Changes the drainage pattern; or
         (f)   Creates or changes a drainage facility; or
         (g)   Involves construction, enlargement or location of any building on a permanent foundation; or
         (h)   Creates an impoundment.
      (2)   LAND ALTERATION includes (by way of example and not of limitation) terracing, grading, excavating, constructing earthwork, draining, installing drainage tile, filling and paving.
   MAINTENANCE. The removal of obstructions, deposits, or other materials and making minor repairs in a drainage facility so that it will perform the function for which it was designed and constructed.
   NPDES. The National Pollutant Discharge Elimination System, the EPA program initiated to reduce and eliminate pollutants reaching water bodies of all types.
   NPDES PERMIT. Stormwater management permit required of municipalities and certain industries by the EPA pursuant to Section 402 of the Clean Water Act.
   OTHER PROPERTY. All properties not encompassed within the definition of RESIDENTIAL PROPERTY, including but not limited to: commercial, industrial, retail, multi-family, governmental, institutional, schools and churches, encompassing State Land Use Codes 300 - 499, and 900 - 999.
   PEAK DISCHARGE. The maximum rate of flow of water passing a given point during or after a rainfall event, sometimes called peak flow.
   PRIVATE STORMWATER FACILITIES. Various stormwater and drainage works not under the control or ownership of the town, Muncie Sanitary District, Delaware County, the State of Indiana, or the federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move or regulate stormwater.
   PROPERTY OWNER. The individual, partnership, corporation or other legal entity holding the deed or record title to real property.
   PUBLIC DRAINAGE SYSTEM. Various stormwater and drainage works under the control and/or ownership of the town, Muncie Sanitary District, Delaware County, the State of Indiana, or the federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move or regulate storm water.
   RESIDENTIAL PROPERTY. A lot or parcel of real estate encompassing State Land Use Codes 101 - 199 and 510 through 599 on which a building or house trailer is situated which building or house trailer contains a group of rooms forming an inhabitable dwelling unit with facilities which are used or are intended to be used primarily for living, sleeping, cooking and eating.
   RETENTION. The holding of stormwater runoff in a constructed basin or pond or in a natural body of water with a controlled release rate.
   RIGHT-OF-WAY. Any highway, street, avenue, boulevard, road, lane or alley and includes the entire right-of-way for public use thereof and all surface and subsurface improvements thereon including, without limitation, sidewalks, curbs, shoulders, utility lines and mains.
   SEWER SEPARATION. A project intended to reduce the amount or rate of stormwater entering the wastewater treatment plant. Sewer separation projects include, but are not limited to, new sanitary sewer construction with conversion of combined sewer to storm sewer; new storm sewer construction with conversion of combined sewer to sanitary sewer, combined sewage holding tanks; and equalization tanks at the treatment plant.
   STATE LAND USE CODES. The classification system used by Indiana counties for purposes of classification of the assessment of real property.
   STORM SEWER. A sewer designed or intended to convey only stormwater, surface runoff, street wash waters and drainage, and not intended for sanitary sewage and industrial wastes. A storm sewer begins at the grating or opening where water enters said sewer, through the sewer and any other conduits to the outlet structure where water enters a channel, natural watercourse or combined sewer.
   STORMWATER CONVEYANCES. Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
   STORMWATER SERVICE CHARGE. A charge imposed on users of the stormwater system.
   STORMWATER SYSTEM. All constructed facilities, including separate storm sewers and conveyances, combined sewers, structures and natural watercourses owned by or under the jurisdiction 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, culverts, retention or detention basins and pumping stations.
   TOWN. The Town of Yorktown, Indiana.
(Ord. 636, passed 3-30-2009)