§ 86-101. Definitions.

(a)

Customers of the stormwater utility shall include all persons, properties, and entities serviced by and/or benefiting from the utility. This benefit includes, but is not limited to, the utility's management, maintenance, expansion, and improvement of the public stormwater management systems for the handling of stormwater runoff of private and public properties and the regulation of the public and private stormwater systems, facilities, and activities.

(b)

Dwelling unit shall mean a structure, which contains one or more bedrooms, a bathroom and a kitchen facility.

(c)

Hydrologic response . The hydrologic response of a parcel of property is the manner and means whereby stormwater collects, remains, infiltrates, and is conveyed from the property. Hydrologic response is dependent on several factors including, but not limited to, the presence of impervious surface, the parcel's size, the parcel's shape, the parcel's vegetative canopy, the parcel's groundwater, the parcel's antecedent moisture and the parcel's geologic condition.

(d)

Impervious surface. Impervious surface is the area which prevents or impedes the infiltration of stormwater into the soil as the water would have infiltrated under natural conditions prior to the parcel's development. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, swimming pools, patio areas, driveways, parking lots, storage areas, compacted gravel and soil surfaces, awnings and other fabric or plastic coverings and other surfaces which prevent or impede the natural infiltration of stormwater runoff which existed prior to the property's development.

(e)

Stormwater management systems address the issues of drainage management (flooding) and environmental quality (pollution, erosion, and sedimentation) of receiving rivers, streams, creeks, lakes, ponds and reservoirs. Stormwater management systems address these issues through improving, maintaining, regulating and funding instrumentalities used in the collection, retention, detention, and treatment of stormwater or surface water drainage.

(f)

Undeveloped land . Land in its unaltered natural state or which is modified to such a minimal degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed undeveloped. Undeveloped land shall have minimal impervious surface which impedes the infiltration of stormwater or causes stormwater to collect, concentrate or flow in a manner materially different from that which would occur if the land was in an unaltered natural state. For purposes of this article, undeveloped land includes property altered from its natural state by the creation or installation of less than 1,000 square feet of impervious surface.

(g)

Residential dwelling property shall mean developed land containing one detached dwelling unit, including houses, manufactured homes and mobile homes on individual lots, and shall mean developed land containing attached dwelling units such as duplexes, triplexes apartments, condominiums, townhouses or mobile home parks; where two or more family groups commonly and normally reside or could reside. Developed land may be classified as a residential dwelling property despite the presence of incidental structures associated with residential uses such as garages, carports and small storage buildings. Developed land may be classified as a residential dwelling property despite the presence of a commercial use within the dwelling unit so long as such use does not result in additional impervious areas, such as parking spaces, playgrounds, or additions to the building which are used as offices, meeting rooms, classrooms, houses of worship or similar non-residential uses. Residential dwelling property shall not include developed land containing: structures used primarily for non-residential purposes, hotels, motels, retirement centers, nursing homes and assisted living home.

(h)

Developed land is defined as all property altered from its natural state by the construction or installation of 1,000 or more square feet of impervious surface.

(i)

Equivalent runoff unit (ERU) is defined as the median area of impervious surface established in residential dwelling properties in the city as determined by the city's consulting engineers, and shall be used as the basis for determining stormwater service charges to residential dwelling properties, and other developed properties. Three thousand eight hundred square feet of impervious surface shall be one equivalent runoff unit.

(j)

Other developed properties includes, but shall not be limited to, commercial and office buildings, shopping and retail centers, public buildings and structures, gasoline stations, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private educational facilities, hospitals, convalescent centers, hotels, motels, retirement centers, nursing homes, assisted living homes, commercial uses, industrial uses, institutional uses and agricultural uses covered by impervious surfaces.

(k)

Service charges are defined as the periodic rate, fee or charge applicable to a parcel of developed land, which charge shall be reflective of the service provided by the utility. Service charges are based on measurable parameters, which influence the utility's cost of providing services and facilities, with the most important factor being the amount of impervious area on each parcel of developed land. The use of impervious surface as a service charge rate parameter shall not preclude the use of other parameters, or the grouping of properties having similar characteristics through the use of ranges or rounding up or down to a consistent numerical interval, or the use of flat-rate charges for one or more classes or similarly-situated properties whose impact on the utility's cost of providing stormwater management services and facilities is relatively consistent. Stormwater services charges may also include special charges to the owners of particular properties for services or facilities uniquely related to stormwater management, including, but not limited to, charges for development plan review, the inspection of development projects, the inspection of on-site stormwater control systems and enhanced levels of stormwater services above those normally provided by the utility.

(l)

Occupant is defined as the individual residing or conducting business on the property. In a family or household circumstance, the individual responsible for the obligation imposed by this article shall be the adult head of the household. In a commercial circumstance, the adult legally responsible for the management or condition of the property shall be responsible for the obligation imposed by this article.

(m)

Owner is defined as the legal owner(s) of record as shown on the tax records of Fayette County except where there is a recorded land sale contract, the purchaser there under shall be deemed the owner.

(n)

User is defined as any person who uses property, which maintains connection to, discharges to, or otherwise receives services from the city for stormwater management. The occupant of any habitable property is deemed the user. If the property is not occupied, then the owner shall be deemed the user.

(Ord. No. 0-1-04, art. I, 1-15-04)