The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the content clearly indicates a different meaning:
ACT
Refers to the Clean Water Act, as amended by the Water Quality
Act of 1987 (33 U.S.C. § 1251 et seq.), as amended, and
the rules and regulations promulgated by the United States Environmental
Protection Agency pursuant thereto.
APPROVING AUTHORITY
The Village Board of the Village of Fox Point or its duly
authorized deputy, agent or representative.
CREDIT
A reduction in the stormwater service charge to the owner
of a particular parcel for the existence and use of privately owned,
maintained and operated on-site or off-site stormwater systems or
facilities, or continuing provision of services or activities that
reduce or mitigate the cost of stormwater management services for
that particular parcel.
CUSTOMER
Any owner of property that is located in the Village of Fox
Point, and also means any non-owner that is a resident of property
that is located in the Village of Fox Point.
DEVELOPED PROPERTY
A parcel that has been altered from its natural state by the addition of any improvement, such as a building, structure or other impervious surface with a footprint greater than 300 square feet, or where construction of such an improvement is at least 50% complete and construction is halted for a period exceeding three months. Removal of improvements shall not change a parcel that was once developed property into an undeveloped parcel; however, the parcel may then qualify for an exemption per §
288-9.
EQUIVALENT RUNOFF UNIT (ERU)
The statistical average impervious area in the first quartile
of single-family properties in the Village. The average square footage
of impervious surface for the first quartile of single-family properties
in the Village of Fox Point is determined to be 2,988 square feet,
which shall constitute one ERU.
FOOTPRINT AREA
The total area covered by all buildings and roofed structures
on a parcel, measured on a horizontal plane at the furthest extent
of the structures, roofs or roof overhangs.
IMPERVIOUS AREA
An area measured on a horizontal plane which has been compacted
or covered so that it prevents or impedes the infiltration of stormwater
into the soil. It includes, but is not limited to, all footprint area
and all areas covered by structures, roofs, sidewalks, patios, porches,
driveways, loading docks, parking lots, compacted gravel surfaces,
as well as any other similar surfaces.
NON-OWNER
One that pays rent for use or occupies land, a building,
or other property owned by another.
OWNER
Any person or entity vested with the fee interest in real
property, in whole or in part, and includes but is not limited to
any joint owner, tenant in common, tenant in partnership, joint tenant
or tenant by the entirety of the whole or part of such property.
PARCEL
A discrete unit of land within the Village to which the property
Assessor or tax lister has assigned a distinct ad valorem property
tax identification number; except that two or more such units of land
that are abutting, are owned by the same owner, and are treated and
occupied as a single unit, shall constitute one parcel.
SINGLE-FAMILY
A developed property that contains exactly one detached structure
which serves as its primary purpose of providing one permanent dwelling
unit and which is classified as residential in the assessment rolls
of the Village.
STORMWATER MANAGEMENT SERVICES
Services provided by the Village that may address the quality
and/or the quantity of stormwater runoff which relate to the:
(1)
Transfer, control, conveyance or movement of stormwater runoff
through the Village;
(2)
Maintenance, repair and replacement of existing stormwater management
systems and facilities;
(3)
Planning, development, design and construction of additional
stormwater management systems and facilities to meet current and anticipated
needs;
(4)
Regulation of the use of stormwater management services, systems
and facilities;
(5)
Education of the public as to stormwater issues; and
(6)
Construction of facilities and other infrastructure as may be
needed to properly manage the quality and quantity of stormwater runoff.
STORMWATER MANAGEMENT SYSTEMS AND FACILITIES
Those natural and man-made channels, swales, ditches, rivers,
streams, creeks, branches, reservoirs, ponds, drainageways, inlets,
catch basins, pipes, head walls, storm sewers, lakes and other physical
works, properties and improvements which transfer, control, convey
or otherwise influence the movement of stormwater runoff, which are
owned by the Village or through which the Village has an easement
or other legally binding right of use for stormwater drainage, and
for which the Village has the right of maintenance for stormwater
drainage purposes.
STORMWATER SERVICE CHARGE
The periodic service charge imposed pursuant to this chapter
by the Village of Fox Point Stormwater Utility for providing the stormwater
management services, systems and facilities, including but not limited
to all costs associated with acquisition, construction, operation,
maintenance, reconstruction, improvement, extension, expansion, replacement,
cleaning, dredging, repair, or other management of stormwater management
systems and stormwater activities in the Village. This term may also
include special charges to the owners of particular properties for
services, systems or facilities related to stormwater management,
including, but not limited to, charges for development plan review,
inspection of development projects and on-site stormwater control
systems, and enhanced levels of stormwater service above the threshold
level.
STORMWATER UTILITY ENTERPRISE FUND
Provides revenue for the acquisition, construction, operation,
maintenance, reconstruction, improvement, extension, expansion, replacement,
cleaning, dredging, repair, or other management of stormwater management
systems and stormwater activities in the Village. Services delivered
through this fund are paid for with a stormwater service charge to
all developed property in the Village.
TIER 1 SINGLE-FAMILY/DUPLEX
The first quartile of single-family or duplex properties
with the total footprint area less than or equal to 2,031 square feet.
TIER 2 SINGLE-FAMILY/DUPLEX
The second quartile of single-family or duplex properties
with the total footprint area of more than 2,031 square feet but is
less than or equal to 2,517 square feet.
TIER 3 SINGLE-FAMILY/DUPLEX
The third quartile of single-family or duplex properties
with the total footprint area of more than 2,517 square feet but is
less than or equal to 3,213 square feet.
TIER 4 SINGLE-FAMILY/DUPLEX
The single-family or duplex properties with the total footprint
area of more than 3,213 square feet but is less than or equal to 5,980
square feet.
TIER 6 NON-SINGLE-FAMILY/DUPLEX
Any developed property which is not single family or duplex,
including, but not limited to, transient rentals (such as hotels and
motels), multifamily apartment buildings or condominiums of three
or more units, commercial, industrial, institutional, governmental
property, and parking lots.
UNDEVELOPED
A parcel which does not have any improvements such as a building,
structure, or impervious surface that does not total more than 300
square feet of impervious area.
USER
Any property within the Village that discharges stormwater
into the stormwater management system.
USER FEE
The charge established by the Village Board on developed
property in the Village to pay operations and maintenance, extension
and replacement and debt service for the Stormwater Utility, which
may include payment for principal and interest on debt obligations,
lease payments, operating expenses, capital outlays, nonoperating
expenses, provisions for prudent reserves and other costs as deemed
appropriate by Village Board.
VILLAGE CREDIT POLICY
The Village Credit Policy is a written document prepared by the Village Manager and approved by the Village Board, currently contained in §
288-9B, which sets forth the criteria under which Tier 6 Non-Single-Family Customers may be eligible for a credit to reduce stormwater charges.