It is determined and declared to be necessary and conducive
to the protection of the public health, safety, welfare, and convenience
of the Town to collect charges from users of the Town's stormwater
management system and services, to fund the management and maintenance
of its stormwater management system and services, including reinvestment,
maintenance, improvement of existing infrastructure, construction
of infrastructure and other improvements to the system that will reduce
pollution in stormwater runoff consistent with federal and state regulations,
as well as for other purposes provided for in § 4-204(d)(1)
of the Environment Article of the Annotated Code of Maryland.
Unless this chapter specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
DEVELOPED PROPERTY
Real property which has been altered from its natural state
by the addition of any improvements, such as a building, structure,
or impervious surface.
DWELLING UNIT
A single unit or apartment providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation.
EQUIVALENT IMPERVIOUS UNIT (EIU)
The statistical average amount of impervious area per single-family
property. One EIU equals 4,125 square feet. The impervious area includes,
but is not limited to, all areas covered by structures, roof extensions,
patios, porches, driveways, and sidewalks.
EXTENSION AND REPLACEMENT
All costs of extension, addition, and capital improvements
to the system, the renewal and replacement of capital assets, or purchase
and installation of new equipment for the system, or land acquisition
for the system, or any related costs thereto, or payment for extraordinary
maintenance and repair, including the costs of construction, or any
other expenses which are not costs of operation and maintenance.
IMPERVIOUS AREA or IMPERVIOUS SURFACE
A surface which has been compacted or covered with a layer
of material so that it is highly resistant or entirely resistant to
infiltration by precipitation. It includes, but is not limited to,
surfaces such as compacted clay, gravel, as well as streets, roofs,
sidewalks, parking lots, and other similar surfaces.
MOBILE HOME
A single residential unit (mobile home) within a mobile home
park.
MULTIFAMILY
A residential property with two or more dwelling units.
NONRESIDENTIAL
Any developed property not used, primarily, as a dwelling
unit, such as an agricultural, commercial, or industrial property,
or an institutional property (schools, churches, hospitals, fraternal
organizations, parks, municipal facilities, etc.).
OPERATING BUDGET
Estimated revenues and the estimated costs for operations
and maintenance, extension, and replacement of the system and provision
of services for each fiscal year, along with costs associated the
purposes provided for in § 4-204(d)(1) of the Environment
Article of the Annotated Code of Maryland.
OPERATION AND MAINTENANCE
The current expenses, paid or accrued, of operation, maintenance,
and current repair of the system, as calculated in accordance with
sound accounting practice, and includes, without limiting the generality
of the foregoing, insurance premiums, administrative expenses, labor,
executive compensation, the cost of materials and supplies used for
current operations, and charges for the accumulation of appropriate
reserves for current expenses not annually incurred, but which are
such as may reasonably be in accordance with sound accounting practice.
RATE
The user fee charged on each EIU. The rate is determined
by the Town Council for each fiscal year.
STORMWATER MANAGEMENT SYSTEM, STORMWATER SYSTEM, or SYSTEM
The stormwater system of the Town and all improvements thereto,
including, but not limited to, inlets, conduits, manholes, channels,
ditches, drainage easements, retention and detention basins, infiltration
facilities and other components, which by this chapter are constituted
as the property and responsibility of the Town to be operated as an
enterprise to, among other things, conserve water, control discharges
necessitated by rainfall events, incorporate methods to collect, convey,
store, absorb, inhibit, treat, use or reuse water to prevent or reduce
flooding, overdrainage, environmental degradation, and water pollution
or otherwise affect the quality and quantity of discharge from such
system.
STORMWATER UTILITY
The operation of the Denton Utilities Commission to collect
fees, consistent with § 4-204(d)(1) of the Environment Article
of the Annotated Code of Maryland, for the maintenance, operation,
improvement, and enhancement of the Town's stormwater system
and services.
USER FEE
The charge established by the Town Council on developed property
in the Town to pay for operations and maintenance, and extension and
replacement for the stormwater system and services.
All user fees established hereunder shall be a lien upon the
property served pursuant to § 4-204(d)(3) of the Environment
Article of the Annotated Code of Maryland.