§ 98-152. Definitions.
The following definitions shall apply to this article. Any word or phrase not defined below but otherwise defined in the Code of Ordinances shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context clearly requires otherwise.
Creation of impervious surface shall mean activity on land, with or without a certificate of occupancy, creating a slab, roof or paved area in excess of 200 square feet. Creation of impervious surface shall not mean graded parcels with no structures, graded soil, graded parcels containing only a compacted building pad, as examples.
Credit shall mean a conditional reduction in the amount of a stormwater service charge to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site stormwater system or facility or the provision of a service or activity by property owner, which system, facility, service, or activity reduces the stormwater utility's cost of providing stormwater services and facilities. The basis of such credits, if granted, will be defined by a specific written agreement at the determination of the stormwater utility manager in accordance with the stormwater utility credit policy.
Customer shall mean all persons or entities to whom the stormwater service charge is billed.
Detached dwelling unit shall mean developed land containing one structure which is not attached to another dwelling and which contains one or more bedrooms, with a bathroom and kitchen facilities, designed for occupancy by one family. Detached dwelling units may include houses, manufactured homes, and mobile homes located on one or more individual lots or parcels of land. Developed land may be classified as a detached dwelling unit despite the presence of incidental structures associated with residential uses such as garages, carports, or small storage buildings, or 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 structures or additions to the building which are used as offices, storage facilities, meeting rooms, classrooms, houses of worship, or similar non-residential uses. Detached dwelling unit shall not include developed land containing: structures used primarily for non-residential purposes, manufactured homes and mobile homes located within manufactured home or mobile home parks where the land is owned by other than the owners of the manufactured homes or mobile homes, or multiple dwelling unit residential properties.
Developed land means real property which has been altered from its "natural" state by addition of any improvements, such as grading, paving, compaction, construction of structures or impervious surfaces greater than 200 square feet, or drainage works so that hydrologic response of the property is changed from that which would occur in the natural undeveloped conditions. For new construction, property shall be considered developed pursuant to this article upon issuance of a certificate of occupancy, or upon creation of impervious surface or final inspection if no such certificate is issued.
Equivalent residential unit (ERU) means the statistical average impervious surface area of a detached single-family residential property within the city. An ERU will be determined through engineering and analysis and will be documented in the Stormwater Utility Implementation Guidebook. This unit may be used in the rate study evaluation to determine and compute the service charge for all developed land served by the Woodstock Stormwater Utility. An alternative unit of measure for impervious surface may be used for the rate structure. The methodology and basis for the stormwater service charge will be defined in the Stormwater Utility Implementation Guidebook.
Hydrologic response of a property is the manner and means whereby stormwater collects, remains, infiltrates, and is conveyed from a property. It is dependent on several factors including, but not limited to, the presence of impervious area; the size, shape, topographic, vegetative, and geologic conditions of a property; antecedent moisture conditions; and groundwater conditions on a property.
Impervious surfaces shall mean those areas, which prevent or impede the infiltration of stormwater into the soil as it entered in natural conditions prior to development. The following types of surfaces will be considered "impervious surfaces" for purposes of the stormwater utility: the projected area of buildings; asphalt-, concrete-, brick-, or stone-paved areas; improved vehicular drives and parking areas; gravel surfaces; fabric or plastic coverings; and other surfaces that prevent or impede the natural infiltration of stormwater runoff or that change the hydrologic response of the property that existed prior to development.
Parcel shall mean a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
Private stormwater management system shall mean those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, headwalls, storm drains, lakes and other physical works, properties and improvements which transfer, control, convey or otherwise influence the movement of stormwater runoff or water quality which are not public.
Public stormwater management system shall mean those natural and manmade channels, swales, ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainage ways, inlets, catch basins, pipes, headwalls, storm drains, public streets, curbs and gutters, lakes and other physical works, properties and improvements which transfer, control, convey or otherwise influence either the movement of stormwater runoff or water quality, which are either owned by the city or over which the city has accepted an offer of dedication of an easement or other legally binding permanent right of use for stormwater drainage, and for which the city has the obligation of maintenance for stormwater drainage purposes.
Service charges shall mean the stormwater management service charges applicable to a parcel of developed land, which charge shall be reflective of the service provided by the city. The charge shall be used to fund the stormwater utility's cost of providing stormwater management services and systems. Stormwater service charges shall be based on the relative contribution of each parcel to the demand for stormwater management services, shall be structured so as to be fair and reasonable and shall bear a substantial relationship to the cost of providing stormwater management services and stormwater management systems and facilities. The cost of operating expenses, capital investments and reserve accounts may be included in the stormwater service charges. Service charges are based on measurable parameters that influence the stormwater utility's cost of providing services and facilities, with the most important factor being the amount of impervious area on each parcel of land. The use of impervious area 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 of similarly-situated properties whose impact on the stormwater utility's cost of providing stormwater management services and facilities is relatively consistent. Stormwater service charges may also include special charges to the owners of particular properties for services or facilities uniquely related to stormwater management of that property, including but not limited to charges for development plan review, inspection of development projects and on-site stormwater control systems, and enhanced level of stormwater services above those normally provided by the city.
Single-family residential shall mean a developed lot containing one dwelling structure with its principal use being a residential dwelling.
Stormwater management system means any one or more of the various devices used in the collection, treatment, or conveyance of storm, flood or surface drainage waters, including all manmade structures or natural watercourse for the conveyance or transportation of runoff, such as: detention areas, lakes, berms, swales, improved watercourses, open channels, streams, culverts, pipes, catch basins inlets; collection, or drainage.
Stormwater utility guidebook shall mean the document that defines the basis for the stormwater utility, policies and procedures for operating the utility, and other necessary information determined to help document how the utility was developed and how it is operated.
Stormwater utility manager means the city manager or his/her appointee that has direct responsibility for the management of the city stormwater utility. The stormwater utility manager will report to the public works director.
Undeveloped land is land in its unaltered natural state or which has been modified to such minimal degree as to have a hydrologic response comparable to land in an unaltered natural state shall be deemed undeveloped. Undeveloped land shall have no pavement, asphalt, or gravel surfaces or structures in excess of 200 square feet which create an impervious surface that would prevent infiltration of stormwater or cause stormwater to collect, concentrate, or flow in a manner materially different than that which would occur if the land was in an unaltered natural state.
(Ord. of 5-9-2006(2); Ord. No. 1296, 9-13-2010)