§ 78-202. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abatement means any action taken to remedy, correct, or eliminate a condition within, associated with, or impacting a drainage system.

Administration fee means that portion of the stormwater management fee which includes expenses incurred in the billing and collecting of charges and the engineering and work effort relating to the stormwater system, which includes but is not limited to planning, design, enforcement, mapping and engineering administration.

Applicable contributing area means the total area in square feet achieved for any given parcel where such parcel's gross impervious and pervious surface areas are factored by their respective runoff coefficients.

Beneficiaries of drainage service means all real property within the city which benefits by the provision of maintenance, operation and improvement of the stormwater control system. Such benefits may include but are not limited to the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater; the reduction of hazard to property and life resulting from stormwater runoff; improvement in the general health and welfare through reduction of undesirable stormwater conditions; and improvement to the water quality in the stormwater and surface water system and its receiving waters.

Contributing runoff means the area of a parcel from which stormwater will result in runoff. Contributing runoff for each parcel in the city is estimated as 100 percent of the square footage of impervious and pervious surface located on the parcel.

Contributors of stormwater means all real property within the city.

Developed property means any real property altered by removal of vegetation, grading of the ground surface or construction of a structure of impervious surface thereon.

EDU base fee means that portion of the stormwater management fee which comprises stormwater services related to public, impervious surfaces, including roads, streets, bridges, and public facilities.

EDU contribution fee means that portion of the stormwater management fee reflective of the particular parcel's individual contribution to runoff to a city stormwater system.

Effective impervious area means a measure of relative runoff generation which aggregates the relative contribution of runoff of both pervious and impervious area by using relative runoff coefficients for each type of surface. The sum of the pervious area of a given parcel multiplied by its relative runoff coefficient and the impervious area of that parcel times its relative runoff coefficient shall be termed the effective impervious area.

Equivalent drainage unit (EDU) means a standard unit of measure determined to represent the stormwater runoff generated by a typical residential unit in the city. An EDU is the effective impervious area of the typical single-family lot in the city. Such measure provides a basis for comparing the runoff generated by one parcel with that generated by another. The effective impervious area is determined to be 4,077 square feet. One EDU is, therefore, determined to equal 4,077 square feet of effective impervious area. The EDU shall be used as the basis for computing monthly charges on residential and nonresidential properties.

Hydrologic response means the manner and means by which stormwater collects upon real property and is conveyed from real property, and which is a function dependent upon a number of interacting factors, including but not limited to topography, vegetation, surficial geologic conditions, antecedent soil moisture conditions and groundwater conditions. The principal measures of the hydrologic system may be stated in terms of total runoff volume, as a percentage of total precipitation which runs off, or in the terms of the peak rate of flow generated by a storm of given duration and intensity, or statistical interval of return (frequency).

Impervious areas means those surface areas of real property which either prevent or severely restrict the entry of water into the soil mantle as compared to the water's entry under natural conditions prior to development or which surface areas cause water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include but are not limited to rooftops, sidewalks, walkways, patio areas, driveway, parking lots, storage areas and other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development, including normal water in ponds and lakes.

Lot means an area of land occupied by or to be occupied by a principal building and accessory buildings and including all front, side and rear yards and open spaces, which lot is located in the platted subdivision. Multiple lots which have been aggregated to create a single developed area of land under single ownership and multiple adjoining undeveloped lots under single ownership which may not be developed as individual separate lots are deemed to be a parcel for the purposes of this article.

Multiple-dwelling unit means a building or facility consisting of more than one dwelling unit, each such unit consisting of one or more rooms with bathroom and kitchen facilities designed for occupancy by no more than one family.

Natural state means surfaces which have not been disturbed by man in such a manner that would hinder the natural percolation of stormwater into the soil mantle.

Nonresidential lot or parcel means a lot or parcel that is not zoned or used for residential purposes.

Nonresidential unit means any building, structure or facility used other than as a dwelling unit or single-family unit.

Open drainageway means a natural or manmade open cut into the land which has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation, such as swales, ditches, canals, streams and creeks.

Owner means the record fee simple owner of the real estate and structures subject to this article.

Parcel, excluding lots, tracts and portions of contiguous land areas under single ownership. Except as to lots, each parcel of real property is presumed to have that area of land assigned to its parcel number upon the real property tax rolls of the county.

Peak flow means the highest instantaneous rate of stormwater runoff, measured or estimated in cubic feet of water per second. It is differentiated from total flow volume by the introduction of a unit of time measure during which the maximum rate of flow is measured, calculated, or estimated.

Person means any individual, corporation, trust, partnership, governmental body other than the city, or other entity.

Pervious areas means those areas within the city which are, under standard conditions, permeable to stormwater runoff and surface water.

Private property means that property or facilities owned by individuals, corporations, or other organizations or entities and not by a city, county, state or federal government agency.

Relative runoff coefficient means a numerical factor which assigns a relative weight to a given area of pervious surface so that its runoff generation is equated to that of an equivalent amount of impervious area.

Residential lot or parcel means a lot or parcel which is zoned or used for residential purposes.

Service area means the city limits.

Site migration means all private facilities constructed on a parcel of land which provide for the abatement of stormwater to standards prescribed by the city.

Stormwater means the flow of water which results from and occurs immediately following a rainfall event.

Stormwater management fee means the fee authorized pursuant to this article, which fee is billed on the basis of equivalent drainage units. The stormwater management fee shall include the EDU base fee charge, the EDU contribution fee charge, the administration charge, and any additional charge authorized under this article.

Stormwater system means the appurtenances, facilities, equipment and services necessary to provide for the collection, storage, and conveyance of and the matters relevant to stormwater and stormwater runoff. The stormwater system is intended to reduce the peak flow from developed land surfaces, to reduce the erosion created by the stormwater, to increase the water quality of the stormwater runoff within the city, and to provide other improvements and enhancements in handling the quality and quantity of stormwater.

Total flow means the cumulative volume of stormwater discharged from a property, basin or watershed. The total flow is quantified in measures such as acre feet or cubic feet of water.

Utility means the stormwater management utility created by this article.

Vacant means any lot or parcel of land that is without any building, structure, appurtenance, or improvements.

(Code 1988, § 25-22)

Cross reference

Definitions generally, § 1-2.